Legal Question in Civil Litigation in California

First of all, no one "needs" to file in small claims court. A plaintiff who chooses to file in small claims court makes an election of remedies. While the matter is heard informally, and the parties are not entitled to an attorney during the hearing, the plaintiff gives up the right to appeal a loss on his or her claim if the hearing does not go as they wanted.

The fact that there is a cap on the amount of damages you can recover in small claims does not mean that claims for less than that amount must be filed in small claims only. They may also be filed as limited civil actions in the Superior Court.

With that said, there is one statutory limitation on the number of actions an individual may file. No one may file more than two (2) small claims actions anywhere in California in one calendar year. (Code Civ. Proc., sect. 116.231, subd. (a).) This limit does not apply to public entities.