Legal Question in Civil Litigation in California

Re: Small Claims or Not?

Judge Judy? In most lawsuits, unless specified by statute or contract, an opposing party is not required to pay the prevailing party's attorney's fees.

Re: Small Claims or Not?

Going to small claims is always optional; a case which qualifies for small claims can be brought instead as a limited-jurisdiction superior court case if the plaintiff prefers.

You can hire an attorney in a limited jurisdiction case but, generally speaking, the winner is not entitled to recover attorney fees. Unless you have a written contract which authorizes such a recovery or your dispute is governed by a statute which provides for recovery of fees and costs, you will have to absorb them yourself.

With only $2,000 at stake I doubt you will be able to justify the expense of this approach. An option you might want to consider is to go to small claims but first pay for a brief consultation with a lawyer to learn what you need to do in court. You aren't allowed to be represented by a lawyer in the small claims court, but there is nothing wrong with consulting one ahead of time.

Good luck.