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I want to sue my child's school district in California.

San Diego, CA |

The case would exceed the small claims court maximum of $10,000. So what court would I submit a claim in to sue the school district if the claim amount is over $10,000?

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Attorney answers 6

Posted

First, you need to be aware that there is a statute (legal requirement) which requires you to notify any governmental entity, including the school district, of your intent to file a claim. The statute can be a short as 90 days. As far as answering your question, the court that you would file your claim in would be the Superior Court.

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Posted

Consult with an attorney. This case will need to be filed in superior court. Depending on the type of claim, you may also have to follow other procedural rules in order to sue.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. 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.

Posted

You dont say why you think they are liable. Most claims against a school district require that you serve a Government tort claim notice w/in 6 months of the incident. The notice must contain certain info and the entity will provide you with the blank form they require. It must be served on the proper person at the district. there are complex time procedures involved. if the claim is rejected, expressly or by lack of timely reply, then a lawsuit can be filed in Superior Court. if the tort claim isnt filed on time, then another complex procedure must be followed, ultimately it usually means filing an application in court for leave to file a late claim.

Id suggest you consult with a local atty immediately. These are not easy matters, and not at all like small claims court.

Posted

You must provide proper notice, or you could sabotage your good claim. The personal injury lawyers from your state who answered above provide free consultations, so call one of them to discuss in detail.

Posted

What are the facts of your case?

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Posted

School districts in CA are government entities and therefore there is a statutory time limit by which you will need to submit a claim to that particular entity. In CA, this period is 6 months from the date of the incident. The claim does not involve the court and must be submitted separately. The claim will need to be rejected on unanswered before a lawsuit should be filed. I would advise you to seek a local personal injury attorney in your area.

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