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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.
Based on Acuna, this is not permissible under Code of Civil Procedure section 116.390. Defendant to give notice.
THOMAS VS. KEARNS
30-2019-01066479
Jan 15, 2020
Orange County, CA
Plaintiff has not complied with Code of Civil Procedure section 116.390 regarding transfer.
FISHER V. SCHETTER
30-2019-01050927-CU-BC-CJC
May 07, 2019
Orange County, CA
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.
PAMELA RAYFORD VS TINNE SMITH
21LBSC00220
Jul 22, 2021
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.”
GENERAL ENTERTAINMENT & MUSIC LLC VS SAEED NOOSHINFAR
BC697828
Dec 12, 2019
Los Angeles County, CA
Personal Injury/ Tort
other
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.)
DEOL & SONS ENTERPRISES INC VS. KENYATTA DAWSON
34-2019-00257765-CU-NP-GDS
Jul 29, 2019
Sacramento County, CA
Personal Injury/ Tort
other
May 25, 2005
San Francisco County
San Francisco County, CA
MONEY
Jan 06, 2017
Dismissal
Los Angeles County
Los Angeles County, CA
BREACH OF CONTRACT (Limited Jurisdiction)
Commercial
Breach of Contract
Jul 20, 2007
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
Commercial
Breach of Contract
May 11, 2015
Transfer
Los Angeles County
Los Angeles County, CA
Small Claims (Limited Jurisdiction)
Small Claims
General Small Claims
Nov 23, 2020
Want of Prosecution
Los Angeles County
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction)
Commercial
Breach of Contract
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 USA COMSA HAIR CORP. SMALL CLAIMS ORDER PLAINTIFF (S) vs. NO. CSM-16-852677 CHIEKO O"DEA Off Calendar Order DEFENDANT (S) The Court orders the small claims hearing of Aug-11-2016, for PLAINTIFF'S CLAIM off calendar — transfer to limited/unlimited jurisdiction (SF). DATED: Aug 11, 2016 DONALD S. MITCHELL Judicial Officer Off Calendar Order Form 000070CERTIFICATE OF SERVICE BY MAIL CSM-16…
San Francisco County, CA
Aug 11, 2016
MONEY
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 JEREMY BATTIS SMALL CLAIMS ORDER PLAINTIFF (S) VS. …
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 JEREMY BATTIS SMALL CLAIMS ORDER PLAINTIFF (S) VS. …
e ¢@ A LP 008 RECEIVED OF JUSTICE FREMONT WALL …
Alameda County, CA
Aug 18, 1999
Limited Civil
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Southeast District, Bellflower Courthouse, Department 1 22BFSC00308 March 24, 2022 ELIZABETH THOMAS vs BV LAKEWOOD CARSON SE 3:04 PM LLC Commissioner: Honorable Michael J. Pearce CSR: None Judicial Assistant: D. Wyatt …
Los Angeles County, CA
Mar 24, 2022
Small Claims (Limited Jurisdiction)
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