Skip NavigationSmall Claims Court: Consumer and Substantive Laws


§5.08 Tort Law—Splitting Claims

Lesson 5: Tort & Contract Law

A plaintiff who has two or more separate causes of action against a defendant may join the claims in a single trial if the aggregate of the demands do not exceed small claims court jurisdiction. [See CCP §427.10(a).] A plaintiff, however, cannot split a single cause of action and make it the basis of several suits in order to take advantage of small claims court jurisdiction and procedure. If a plaintiff splits a cause of action in this manner, the small claims court judgment bars a subsequent proceeding on the same cause of action. [Allstate Ins. Co. v Mel Rapton, Inc. (2000) 77 CA4th 901, 913–914.]

Reference REFERENCE >> See also the course Small Claims Court: Procedures and Practices.
    back        Back         page 51 of 100         Next        next