Legal Question in Real Estate Law in California

How much am I entitled to?

In small claims court, how much can you sue for besides the amount that is owed to you? I heard that you can sue for the court costs. Also, can you sue for missed wages for having to deal with this on your own? I know the cap is $5K, but I feel that I am entitled to more than what is owed to me because of what I've been through. What is the legal cap?


Asked on 3/22/02, 6:23 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: How much am I entitled to?

You cannot sue for more than $5,000.00 in damages in small claims court. You cannot sue for your time to go to court or lost time from work. You will get your costs, if you win, but all that consists of is the filing fee you pay and any process service charges you can prove you had to spend to serve process on the other parties. If you want to sue for more than that, then you have to go to superior court and file a lawsuit. Feeling you are entitled to "more" will not be enough to get a judgment for "more" in either small claims or superior court, as you will need to prove legally sufficient damages to be entitled to them.

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Answered on 3/22/02, 6:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How much am I entitled to?

The small claims ceiling is $5,000 in damages, plus costs, but those are small-ticket items like fining fees and service of process. If you want to claim 'costs' such as lost time, that has to be part of your basic complaint for damages and will count toward the $5K maximum. Perhaps you need to move your case to Municipal Court, or pare back your expectations. The court is not very likely to entertain a claim for lost time, in my opinion.

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Answered on 3/25/02, 3:05 pm


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