Small Claims Court Jurisdiction

Summary

California Small Claims Court generally handles monetary claims up to $10,000 and does not grant non-monetary relief such as changing board directors. Legal references include California Code of Civil Procedure Sections 116.220 and 116.220(c), which outline these limitations. The plaintiff may interpret the law differently, so consulting an attorney is advisable for clarity.

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I am named as a defendant in this small claims suit, in which the plaintiff is an attorney, admitted to the bar in California, and subject to an existing contentious HOA Property line dispute, the relief he is seeking is $*, and the removal of * recently legally appointed directors, the installation of Diane Friedman his spouse as director, and the banning of John Hughes from being a director. I believe under California statute Small Claims Court does not have the ability to grant the relief requested in the attached suit.
It sounds like the relief sought may indeed be beyond the jurisdiction of California Small Claims Court. Typically, Small Claims Court handles monetary claims up to $*,*, but not non-monetary orders like removing directors from a board.
- Small Claims Courts in California usually don't handle cases involving complicated legal issues or requests for non-monetary relief.
- You may want to consider consulting with a local attorney for advice specific to your situation.
Would you like any help connecting to a local lawyer?
can you give me legal references that I can use so my attorney understands this
Here are some legal references you can provide to your attorney regarding California Small Claims Court:
- California Code of Civil Procedure Section *.*: Outlines the jurisdiction of Small Claims Court, generally limited to monetary claims up to $*,*.
- California Code of Civil Procedure Section *.*(c): States that Small Claims Court cannot issue injunctions or orders for non-monetary relief, like changing board directors.
These references should help in understanding the limitations of Small Claims Court in your case.
I wonder why she believes its a potential correct venue, when all my research suggest otherwise
It can be puzzling when someone believes a venue is appropriate despite evidence to the contrary. It's possible that the plaintiff may interpret the law differently or have additional information. Consulting an attorney can clarify these legal complexities. Have you discussed this with a lawyer yet?