Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.
I have a slam dunk law suit against Bridgestone tire company
A:
There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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A:
There are a few important points to clarify regarding your question:
1. Small claims court in California:
Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:
- $12,500 for individuals as of 2024
- $6,250 for businesses as of 2024
2. Unlimited jurisdiction:
Cases with claims exceeding $35,000 are typically filed in unlimited civil courts in California, not small claims court.
3. Treble damages:
Treble damages are a form of punitive damages that triple the amount of compensatory damages. They are typically only available in specific circumstances as outlined by statute.
4. Your specific case:
Given that you're mentioning a $15,000 claim with potential treble damages, this would exceed the small claims court limit and would not be appropriate for that venue.
Based on this information, you cannot file an unlimited jurisdiction case in small claims court in California, nor can you request treble damages on $15,000 in small claims court.
For your case against Bridgestone, you would likely need to file in a higher court - either limited civil court (for cases up to $35,000) or unlimited civil court (for cases over $25,000). The appropriate court would depend on the total amount you're seeking, including any potential treble damages.
Given the complexity of your case and the potential for significant damages, it would be advisable to consult with a consumer law or civil litigation attorney. They can help you determine the appropriate court for your claim, assess the strength of your case, and advise you on the potential for treble damages.
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