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  1. #1

    Default Small Claims and Counter Claim Exceeding Court's Jurisdiction

    I am being sued in Small Claims court. My counter claim exceeds the small claims limit. I was planning to file in Superior Court, but the small claims plaintiff beat me to court, perhaps in hopes of limiting my options.

    Can I file in Superior Court and have the Small Claims suit dismissed on the grounds that the total amount involved exceeds the Small Claims limit?

    Is there some other procedure I should be following?

    I am in California.

  2. #2
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    Default Re: Small Claims and Counter Claim Exceeding Court's Jurisdiction

    His initiating the action in small claims court doesn't tie you to that court. You may either file in small claims and waive the amount that exceeds the court's jurisdiction, or file a motion to transfer the action to the appropriate trial court.

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