Legal Question in Business Law in California

I have been sued in small claim court and the plaintiff prevailed. I lost

and I am ordered to pay.

Since there is a limit on the money that can be awarded in small claim,

can the same plaintiff sue me again in Superior Court and ask for more.


Asked on 6/01/15, 8:45 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, at least not for the same claim or claims, nor can a winning plaintiff appeal. The judgment of the small claims division has "res judicata" (adjudged matter) effect.

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Answered on 6/01/15, 9:02 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Whipple is right. If the plaintiff has other claims against you, he can sue you again. The new lawsuit could be in the Superior Court if it's within that court's jurisdiction. But he can't sue you again over the same claim that the small claims court has already ruled on.

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Answered on 6/01/15, 10:42 am


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