§4.04 Request to Transfer Action

If a defendant has a claim against a plaintiff that relates to the contract, transaction, matter, or event that is the subject of the plaintiff’s claim and that

• exceeds $5000—or $7500 if the defendant is a natural person—or
• exceeds $2500 and the defendant previously filed two such claims in the same calendar year,

the defendant may commence an action against the plaintiff in the appropriate superior court and request that you transfer the plaintiff’s small claims action to that superior court. [CCP §§116.221, 116.390(a).]

A defendant requests a transfer by filing a declaration plus a copy of the superior court complaint in the small claims court where the plaintiff commenced his or her action. The request must be filed, and a copy of the declaration and complaint must be personally delivered to the plaintiff, at or before the time set for the small claims hearing. [CCP §116.390(b).] There is no longer a transfer fee.

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