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  1. #1
    Join Date
    Feb 2007
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    7

    Default Filing a Counterclaim in Small Claims Court in California

    In California. When a tenant-landlord lawsuit (approximately $1,000.00) is filed in small claims court, can the defendant file a countersuit that forces the case to be heard by a higher court (e.g. a superioir court)? If I understand procedure correctly, a countersuit for $5,000.00 or more would cause the case to be heard by a superior court (bypassing small-claims court entirely).

  2. #2
    Join Date
    Sep 2005
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    Default Re: Filing a Counterclaim in Small Claims Court in California

    It is my understanding that the court has the discretion to allow the case to be heard in a higher court, but does not have to do so.

  3. #3
    Join Date
    Feb 2007
    Posts
    7

    Default Re: Filing a Counterclaim in Small Claims Court in California

    Thank you, Mr. Knowitall. That clears up my confusion.

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