Legal Question in Personal Injury in California
Law Suit Limitations, Small Claims Court
The $ limitation in small claims court is $5000. In an auto accident personal injury suit with multiple items that add up to more than the $5000 limit, can you include all the items in your suit and settle for only $5000. The purpose would be if the judge dismisses some of the items, the other items would still be claimed in full.
2 Answers from Attorneys
Re: Law Suit Limitations, Small Claims Court
I note that your letter was submitted on July 3, 2000 and because of the delay in posting by LawGuru.com, I am just now able to advise you.
You can include items in your Small Claims lawsuit that total over $5000 and as you say, if the judge dismisses some of your claims, the remaining ones can approach the $5,000 limit. If the judge were to award you all of your claims and that comes to over $5,000 he will simply reduce that down to the statutory limit and then include your costs.
Sincerely,
SAM M. EAGLE
ATTORNEY AT LAW
10101 SLATER AVE #218
FOUNTAIN VALLEY, CA 92708
TELEPHONE (714) 963-5123
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Re: Law Suit Limitations, Small Claims Court
You may only seek a total of $5,000.00 in a small claims case. You cannot allege total damages of more than $5,000.00 and then get in under the limit by having some items disallowed.
If you want to be in small claims, you have to waive some part of your claim to bring it under $5,000.00. If you don't want to do this, then you can't go to small claims.
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