Legal Question in Civil Litigation in California

Small claims limit ......
I was a plaintiff in 2 cases in this year and i prevailed with a total of $1400 however i have 2 more cases ( These 2 new case involves the defendant in which i prevailed in a the pior case) if i prevail in these 2 other cases that will total $5000 one is $2000 and the other is $3000 which would bring the total $6400 and i know NOW that the limit is $5000 In CA. these new 2 cases are in 2 seperate court ( venue ) should i inform the court/judge at the court date? or do i need to amend the amounts before the court date? or will the court know this pior to these 2 court dates ? All of these case involves fraud and slander.

Asked on 11/01/03, 11:37 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Small claims limit ......

The $5,000 limit applies to each case, not to each plaintiff. If you have suffered several small injuries you can file several suits, though in some instances the filing fee will go up if you have brought more than a few in a single year.

As Mr. Cohen's answer suggests, each case must involve a separate incident; you aren't allowed to break a larger injury down into multiple pieces so that each will be beneath the $5,000 cap. However, if the same defendant has injured you in separate incidents, you may file multiple actions in the small claims court with a damages cap of $5,000 each.

Answered on 11/02/03, 6:04 pm

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