SMJ CA Flashcards
What type of Jurisdiction do CA Superior Courts Have
General SMJ.
Superior Court can hear almost any civil case, even those arising under Federal law, with limited exceptions such as bankruptcy or patent infringement cases.
Limited Civil Case
A limited civil case is a civil case in which the amount in controversy does not exceed $25,000 (i.e., exactly 25k would be a limited civil case). Furthermore, no claimant can recover more than $25k
o Limited discovery
o No special demurers
o Expedited jury trial
o Cannot get declaratory judgement, permanent injunction, or determine title to land
Unlimited Civil Cases
Civil cases in which the damages sought exceed $25,000.
These also include cases to determine title to land, or that seek “general equitable relief” such as permanent injunctions and declaratory relief.
What are Small Claims Cases?
They are heard in a small claims division of the Superior Court. Litigants often do not have lawyers in these cases.
Amount in controversy:
o If P is an individual, 10k or less
o If P is an entity, 5k or less
How to Classify a Case as Limited or Unlimited?
Plaintiff initially determines the classification of the case by the amount of the demand, the recovery sought, the value of the property, or the amount of the lien in controversy.
This does not include interest on the claim or costs.
Limited civil cases only: P must note the classification in the caption of the complaint.
How to reclassify a case?
Automatic reclassification: If the plaintiff amends her complaint in a way that changes the classification (i.e., raises or decreases the amount in controversy), the clerk of court will reclassify the case.
Reclassification on Motion: If the court reclassifies on its own motion, the court must give notice to all parties and hold a hearing. The court does not consider the merits of the underlying claim when reclassifying the case.
When to reclassify from an UNLIMITED to LIMITED civil case
This reclassification is permissible if either:
- Case will necessarily result in a verdict of 25k or less, or
- More than 25k is virtually unobtainable.
When to reclassify from an LIMITED to UNLIMITED civil case
This is allowed if the judge finds that there is a possibility that the verdict will exceed $25,000.
How to Classify Multiple Claims
The entire case is either limited or unlimited, so when there are multiple plaintiffs, only one claim must meet the unlimited requirements
A plaintiff may aggregate claims to satisfy the amount in controversy for an unlimited case.
