When to file in superior court if a small claims case is pending on a related matter?
Question Details: I am being sued in small claims court for $1300 and feel I have a strong counterclaim for $20,000. Since I cannot counterclaim for more than $10k in small claims court must I file a suit in superior court "before" the small claims court case is decided or can I wait for the small claims suit to be decided.
Cameron Norris, Esq. / Law Office Of Gary W. Norris
Answered 9 months ago
This attorney is licensed in California
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You can file at any time before the end of the statute of limitations. File a limited civil case. Just make sure to include all the claims you have against the other party. Something called issue preclusion and claim preclusion might prevent you from bringing a number of suits if you don't bring all your claims at once.
