Legal Question in Civil Litigation in California

Re: Limited jurisdiction qualifications

That depends. If one is suing for $20,000 in personal injuries and the other is suing for breach of an unrelated contract, then clearly each suit is different. The two claims would have to be brought separately.

If there is one claim for $40,000 and the first plaintiff has assigned half the claim to the second plaintiff, then clearly there is only one cause of action and it is not a limited jurisdiction case.

The test in Civil Code �85 is whether the "amount in controversy" exceeds $25,000, excluding interest, costs and attorney fees. If the claims of the two plaintiffs arise from the same incident or transaction and both are suing together, the amount in controversy probably will be the sum of the amounts claimed. In your case, that would be $40,000 and it would not be a limited jurisdiction case.

Re: Limited jurisdiction qualifications

I agree with the last two replies.

Re: Limited jurisdiction qualifications

As long as the claims arise out of the same incident or circumstances, then the answer is yes. The case can be brought as a limited jurisdiction matter.

"[Where the joinable claims of several plaintiffs are each below the jurisdictional minimum of the superior court, action therein must be brought in the lower court, notwithstanding the aggregate of the claims is above said jurisdictional minimum." (Emery v. Pacific Employers Ins. Co. (1937) 8 Cal.2d 663, 666, 67 P.2d 1046.)

However, please be aware that bringing the case as a limited jurisdiction matter will cap each plaintiffs' damages at $25,000.