Legal Question in Civil Litigation in California
Threats from Attorney
We have filed a small claims action against a company in California. Her attorney has now come back, threatening to "remove this matter from small claims jurisdiction and transfer it to the Superior Court." Is it possible for the defendant to "transfer" a small claims action that we've filed against her to a higher court? Is it considered ethical for an attorney to be making this type of threat?
2 Answers from Attorneys
Re: Threats from Attorney
If the defendant has an action against you, arising out of the same circumstances as your claim, then the matter can be transferred to the Superior Court. An attorney is allowed to advise of the potential of another action but must do so in good faith.
Re: Threats from Attorney
A party to a small claim action may transfer the lawsuit to the superior court if they can assert a counter claim in excess of the small claims jurisdiction or seek any type of equitable relief. Equitable relief is not available in the small claims court. In fact, a defendant in a small claims action, as in any action, must raise all claim arising from the incident or be barred from doing so in the future under the doctrine of res judicata. Francis Doherty 415 421-8890
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