Yes, certainly. You can sue in small claims court for up to $10,000 and waive any amount over $10,000.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Yes. You should just indicate in the small claims complaint that you are seeking $10,000.
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Yes, definitely, as my colleagues have stated. You not only can waive the $900 but doing so makes a great deal of sense. To pursue the full amount in the Superior Court you would pay a much higher filing fee, lawyers could get involved, and trial would not happen for at least a year, during which time depositions could be taken, discovery conducted, expert witnesses retained, designated, deposed, etc. It is very expensive and goes on and on... I litigate for a living and strongly suggest that if you can avoid the big court, which you clearly can in this instance -- DO SO. Good question and good luck to you.
without question, you have the right to waive any amount over $10,000 whether it be $900 or $90,000, and you can sue in Small Claims Court.
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