Legal Question in Personal Injury in California

Re: STatue for filing claim

You aren't allowed to file both a small claims action and a general civil action for the same claim. You have to choose one or the other, and you have to file before the statute runs.

If your damages are above $5,000 (the jurisdictional limit of the small claims court) and you elect to file in small claims, then you will forfeit the remainder of your damages. Sometimes this is the smart thing to do -- for example, if you have a claim for $5,500 and you know that the additional costs of going through the regular courts will eat up more than the extra $500.

Re: STatue for filing claim

No. You can't file in small claims and then move the case to a court of general jurisdiction.

Re: STatue for filing claim

I imagine that it wouldn't hurt to ask the small claims court judge for a "reclassification" because you believe that the case is worth more.

Perhaps there is a way to get the case reclassified by the Judge... However, assuming that the small claims Judge has this power... and I was this Judge, I would have to be convinced of some new evidence that you recently discovered (i.e., as example, the need for future medical that you didn't realize until after the small claims action was filed) which would make the case worth more than $5,000.

Otherwise, I would wonder why you filed in small claims in the first place.

Good luck...

Re: STatue for filing claim

No you cannot do this.

Re: STatue for filing claim

No. Make your choice where you want to file, you only get one shot, one filing.