How Would YOU Rule?How Would
YOU Rule?  

Eduardo, who rented an apartment from Leah for $2500 per month, was six months behind in rent. Leah simultaneously filed two actions in small claims court, each asking for $7500 for three months’ rent. Eduardo objects, arguing Leah must either dismiss one of the actions or consolidate the actions and file in superior court. You should:

  1. Dismiss one of Leah’s actions without prejudice, leaving it up to her whether to dismiss the second action and bring both together in superior court.

  1. Permit Leah’s simultaneous actions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANSWER

It appears that the answer is a: Dismiss one of the actions without prejudice.

Even though there is a right of action when each rent payment becomes due, Leah cannot split the cause of action and bring separate actions for separate months’ rent in order to remain within the small claims court jurisdiction. She has but one cause of action for all the rent due and owing at the time suit is filed. [Lekse v Municipal Court (1982) 138 CA3d 188, 193–195.] To use small claims court, Leah would have to bring suit as each installment came due, or consolidate past-due claims up to but not exceeding the court’s jurisdictional limit of $7500 for natural persons. In any calendar year she can file a maximum of two actions that demand more than $2500. [See CCP §116.231(a).]

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