Classification

Question 1

Limited Cases

Answer 1

A case is limited if the amount in controversy is $25k or below

Amount in controversy is the amount being demanded by P (the prayer for relief)

If the case is classified as limited, the court cannot give more than $25,000, but you can retry to reclassify the case

You need to say that the case is limited, but not if it is unlimited

Question 2

Reclassification through aggression

Answer 2

CA system allows cross complaints to state an amount in controversy (unlike the federal system), which can reclassify an action through “aggregation”.

If the counter complainant does not pay fee then court will dismiss the cross-complaint; this is typically a procedural dismissal e.g. without prejudice.

Question 3

What is the Standard for Reclassification?

Answer 3

Possibility of Exceeding 25k

HIGH LEVEL OF CERTAINTY that the amount WILL NOT exceed 25k

Question 4

What are parties required to do to if a case is reclassified?

Answer 4

Reclassification requires a party to amend the pleading

Party must also file a motion for reclassification within time allotted to amend or respond to pleading; court can also raise this sua sponte