California Laws|Section 116.390.

                                                

116.390.  

(a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court.

(b) The defendant may make the request
by filing with the small claims court in which the plaintiff commenced the action, at or before the time set for the hearing of that action, a declaration stating the facts concerning the defendant’s action against the plaintiff with a true copy of the complaint so filed by the defendant against the plaintiff. The defendant shall cause a copy of the declaration and complaint to be personally delivered to the plaintiff at or before the time set for the hearing of the small claims action.

(c) In ruling on a motion to transfer, the small claims court may do any of the following: (1) render judgment on the small claims case prior to the transfer; (2) not render judgment and transfer the small claims case; (3) refuse to transfer the small claims case on the grounds that the ends of justice would not be served. If the small claims action is transferred prior to judgment, both actions shall be tried together in the transferee court.

(d) When the small claims court orders the action transferred, it shall transmit all files and papers to the transferee court.

(e) The plaintiff in the small claims action shall not be required to pay to the clerk of the transferee court any transmittal, appearance, or filing fee unless the plaintiff appears in the transferee court, in which event the plaintiff shall be required to pay the filing fee and any other fee required of a defendant in the transferee court. However, if the transferee court rules against the plaintiff in the action filed in that court, the court may award to the defendant in that action the costs incurred as a consequence of the transfer, including attorney’s fees and filing fees.

(Amended by Stats. 2006, Ch. 167, Sec. 5. Effective January 1, 2007.)

View Latest Rulings

Based on Acuna, this is not permissible under Code of Civil Procedure section 116.390. Defendant to give notice.

  • Name

    THOMAS VS. KEARNS

  • Case No.

    30-2019-01066479

  • Hearing

    Jan 15, 2020

Plaintiff has not complied with Code of Civil Procedure section 116.390 regarding transfer.

  • Name

    FISHER V. SCHETTER

  • Case No.

    30-2019-01050927-CU-BC-CJC

  • Hearing

    May 07, 2019

Smith then filed an Application and Order for Transfer in the Small Claims Court pursuant to Code of Civil Procedure section 116.390. The Small Claims Court granted the Application the same day and set a hearing to join the Small Claims Action with 21STLC03024 for July 22, 2021 in Department 26. In accordance with Code of Civil Procedure section 116.390, subdivision (c), LASC Cases 21LBSC00220 and 21STLC03024 are to be tried together. Conclusion Rayford v. Smith, LASC Case No. 21LBSC00220 and Smith v.

  • Name

    PAMELA RAYFORD VS TINNE SMITH

  • Case No.

    21LBSC00220

  • Hearing

    Jul 22, 2021

  • County

    Los Angeles County, CA

Code of Civil Procedure section 116.390, subdivision (a) provides: “If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff's claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court.”

  • Name

    GENERAL ENTERTAINMENT & MUSIC LLC VS SAEED NOOSHINFAR

  • Case No.

    BC697828

  • Hearing

    Dec 12, 2019

Code of Civil Procedure section 116.390(a) provides: "If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits..., and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff's claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court." (Emphasis added.)

  • Name

    DEOL & SONS ENTERPRISES INC VS. KENYATTA DAWSON

  • Case No.

    34-2019-00257765-CU-NP-GDS

  • Hearing

    Jul 29, 2019

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Filed

May 25, 2005

Court

San Francisco County

County

San Francisco County, CA

Category

MONEY

Filed

Jan 06, 2017

Status

Dismissal

Court

Los Angeles County

County

Los Angeles County, CA

Category

BREACH OF CONTRACT (Limited Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Jul 20, 2007

Status

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County

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Category

Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

May 11, 2015

Status

Transfer

Judge

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Court

Los Angeles County

County

Los Angeles County, CA

Category

Small Claims (Limited Jurisdiction)

Practice Area

Small Claims

Matter Type

General Small Claims

25 Files
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Status

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Category

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