Legal Question in Personal Injury in California
aggregate claims to satisfy the amount in controversy
I was asked to research whether a
guardian ad litem may aggregate the
claims of her and her children to satisfy
the amount in controversy requirement
for unlimited civil classification.
2 Answers from Attorneys
Re: aggregate claims to satisfy the amount in controversy
The proposed guardian ad litem's own claim would be separate from those of each of her children, same as unrelated plaintiffs.
Competent lawyers file nearly all injury cases as unlimited cases if there is any possibility that the jury might award more than $25,000 to any plaintiff.
The court sometimes transfers unlimited civil cases to the court's limited civil division, either on its own motion or that of a party.
During discovery, the plaintiff's attorney must elicit facts to show that there is a possibility of a damage award exceeding $25,000 per person, and effectively use this information to persuade the court not to grant the motion to transfer.
While the law provides monetary incentives for lawyers and parties to file their small-dollar cases in the limited civil division, or even in small claims court, as appropriate, no lawyer would want the embarassment of not having sued in the proper court or for not enough money.
Re: aggregate claims to satisfy the amount in controversy
The proposed guardian ad litem's own claim would be separate from those of each of her children, same as unrelated plaintiffs.
Competent lawyers file nearly all injury cases as unlimited cases if there is any possibility that the jury might award more than $25,000 to any plaintiff.
The court sometimes transfers unlimited civil cases to the court's limited civil division, either on its own motion or that of a party.
During discovery, the plaintiff's attorney must elicit facts to show that there is a possibility of a damage award exceeding $25,000 per person, and effectively use this information to persuade the court not to grant the motion to transfer.
While the law provides monetary incentives for lawyers and parties to file their small-dollar cases in the limited civil division, or even in small claims court, as appropriate, no lawyer would want the embarassment of not having sued in the proper court or for not enough money.
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