Legal Question in Personal Injury in California
Court procedure
Can a small claims case be moved up to a higher court, if the plaintiff want to increase damage amount, and all other deadlines have been meet? The case is on the calender, but has not yet been heard.
2 Answers from Attorneys
Re: Court procedure
If there's still time left before the statute of limitations runs out (two years from the date of the accident in personal injury cases), then you can simply dismiss the small claims case and re-file your case in superior court. To do that, however, you will need an attorney, so don't try and do it yourself! If you really believe your case is worth more than $25,000, call me and tell me why. If I agree, then I will take it from there. 1-800-LION-FOR-LAW
Re: Court procedure
Don't know for sure. You'd have to appear at the small claims trial, let the judge know that you're increasing the damages and request that your case be transferred to the superior court ( limited jurisdiction if your claim is under $25,000.00.) If the judge agees, then do it. If he says no, you'll have to try your case then and there.
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