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Can I sue in the limited jurisdiction of the Superior Court for under $1,000?

Monrovia, CA |

I have what I believe is a good case against an airline (no per-emption issue) for breach of contract and negligence. The airline let someone use a credit I had without my permission.

My question isn't about if I will win/lose, but if I must go to Small Claims Court due to the amount.

I know even if I win, I may not be able to get my costs back, but I need the discovery allowed in Superior Court.

Attorney Answers 3

  1. Best answer

    Yes, if you desire to conduct pre-trial discovery, you can sue in limited jurisdiction superior court. You are not restricted to file only in small claims court, even if your claim is for under $1,000.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. It is your call to choose between civil court (regular) v. small claims. But the process is simple for small claims and it will be easy to explain in case of small claims.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't create attorney client relationship.

  3. I agree. Superior Court limited civil is what you would file if you wish to conduct discovery. However, the complaint cost is $400+ which is almost half of what you are suing for. Are you sure you want to spend more money to litigate than you are likely to be awarded? You could try a letter from an attorney first to see if that can resolve the issue at a more reasonable cost. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.