Legal Question in Civil Litigation in California

Can a company being sued in small claims file a motion to have it move to civil court?


Asked on 3/30/10, 2:21 pm

1 Answer from Attorneys

Under some circumsances yes, but generally you wouldn't want to. All it would do is make it possible for a larger judgment to be entered against you. If you have a cross complaint that is for more than the jurisdictional limit of small claims, you can file that cross-claim along with papers to move the case to the proper jurisdictional level. If you don't have a cross-claim, then you are probably better off having the case heard in small claims and then appealling it to the Superior Court - Limited Jurisdiction if you lose.

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Answered on 4/04/10, 6:06 pm


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