I made a bulk sale on eBay for 23K last April. Buyer successfully filed a chargeback after losing an eBay dispute. Paypal has debited my account 23K and buyer has not returned the merchandise despite two demand letters sent. I may have to sue, I am wondering if this would be a limited or unlimited case, since I would be asking for damages, attorney fees and court costs which would put the amount well over $25,000,
it is ONLY the amount in controversy--the $23,000--that defines this.
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Attorney fees and court costs are not considered when determining whether a case is limited or unlimited.
Depends on what claims you're suing for. If there's fraud for example, you can get punitive damages, which would put the total over $25,000.
I agree with my colleagues. Only the amount in controversy is considered in the classification of a case as either "limited" or "unlimited". California Code of Civil Procedure section 86(a) (1) states : The following civil cases and proceedings are limited civil cases:
(1) A case at law in which the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five thousand dollars ($25,000) or less...."
I hope this helps. Thank you.
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