Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

A: If you sue in small claim court and fail to get the full remedy, you couldn't sue for more or again in civil court. As you are aware, the limit in small claims is $10,000. Therefore, the judgment would be your full remedy with that limitation. A lawsuit contains all causes of action from the same transaction or occurrence. Without a complete understanding of what exactly occurred, I am reluctant to say that more than one lawsuit isn't available, but it's unlikely. Your case must include all available causes of action. Your failure to properly include them will prohibit you from raising them in another lawsuit. You don't get a second bite at the apple and can't appeal a small claims judgment. You must have a complete understanding of your situation before you proceed or risk losing a larger award. You should contact attorneys that are willing to evaluate your situation to determine your viable causes of action. It may be suitable for small claims, limited jurisdiction or unlimited jurisdiction. Choosing the wrong court could be costly. Prepare a clear and concise statement of the event to present attorneys with your evidence. A free consultation may provide you with some clarity, but a thorough evaluation may be needed for a comprehensive opinion. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundling” or “discrete task representation.”

A: You cannot sue twice for the same thing. However, if the LL/T relationship is ongoing, and there are ongoing damages, you can sue for damage you incurred after the date of the judgment in small claims, as these are new claims and new damages. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

A: In California, small claims court is generally limited to cases seeking monetary damages up to a certain threshold. If you choose to sue your landlord in small claims court and do not receive the full remedy or any remedy for the damages claimed, you may have the option to file a separate lawsuit in civil court seeking additional relief. Civil court allows for a broader range of remedies, including injunctive relief and non-monetary damages such as emotional distress. It is important to consult with a qualified attorney who specializes in landlord-tenant and civil litigation matters. They can evaluate the specifics of your case, advise you on the best legal strategy, and guide you through the appropriate court process based on your desired outcomes and the relief sought.