When to file in superior court if a small claims case is pending on a related matter?

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When to file in superior court if a small claims case is pending on a related matter?

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 bedecided.

Asked on June 28, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

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.


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