Legal Question in Civil Litigation in California

personal injury case filed in limited and should be unlimited case can it be transfered


Asked on 3/05/11, 10:44 am

4 Answers from Attorneys

Aaron Feldman Feldman Law Group

Yes. But it requires a motion where you need to show some evidence that the case has a reasonable likelihood of damages in excess of $25,000. This means something more than your opinion of what the case is worth, such as demonstrating what the medical expenses are, the wage loss, etc....

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Answered on 3/05/11, 12:44 pm
Rob Reed Law Office of Robert A. Reed

What Aaron said... and if transferred, you may need to pay an additional fee (if there was a different cost for filing between limited and unlimited).

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Answered on 3/05/11, 2:05 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes. Fire your attorney.

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Answered on 3/05/11, 2:26 pm
Anthony Roach Law Office of Anthony A. Roach

Actually none of the above responses that you have received are correct. The correct terminology is "reclassification."

The proper procedure depends on the procedural posture of your case. If the case was filed as a limited civil case, but has not yet been served on your opponent, you can file an amended complaint, reclassifying it as an unlimited civil action. You will have to pay a reclassification fee, and the court will automatically reassign it a new case number.

If your complaint has been served, but the defendants have not yet filed a responsive pleading, the parties may stipulate to reclasify the case. (Code of Civ. Proc, sect. 403.050.) At that point, the reclassification fee is paid when the stipulation is filed.

If the defendant has already answered, you are going to have to file a noticed motion to reclassify the action. (Code of Civ. Proc., sect. 403.040.) If the plaintiff makes the motion within the time for amending the initial complaint as a matter of right, the court must grant the motion. If it is made later, you must show good cause for not seeking reclassification earlier.

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Answered on 3/05/11, 8:09 pm


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