small claim (California) · Go Syfert
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small claim in California

8 California opinions name it 2 courts 1988–2016 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Scott v. Industrial Accident Commissiongreen
cal · 1956 · cited in 1 California opinions naming this issue, 1993–1993
2 sentences

1993(See Scott v. Industrial Acc. Com. (1956) 46 Cal.2d 76, 81 [ 293 P.2d 18 ].) We note, in this regard, that the only circumstances under which a small claims case may be transferred to another court are set forth in Code of Civil Procedure section 116.390 as follows; “If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits [of small claims court] . . . 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

1993(See Scott v. Industrial Acc. Com. (1956) 46 Cal.2d 76, 81 [ 293 P.2d 18 ].) We note, in this regard, that the only circumstances under which a small claims case may be transferred to another court are set forth in Code of Civil Procedure section 116.390 as follows; “If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits [of small claims court] . . . 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

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
People v. Bradley green
calctapp · 2012
1 sentence

2016(People v. Bradley (2012) 208 Cal.App.4th 64, 90 .) Moreover, we do not agree that the trial court overstated the restitution amount, although we agree there does appear to be a small error in the calculation of restitution.

12016–2016
People v. Nelson green
cal · 2011
1 sentence

2014(People v. Nelson (2011) 51 Cal.4th 198, 227 .) With respect to Small’s claim of ineffective assistance of counsel, this issue cannot be addressed because it relies on matters outside the record on appeal.

12014–2014
Pitzen v. Superior Court green
calctapp · 2004
1 sentence

2013(P itzen, supra, 120 Cal.App.4th at p. 1386 .) “Whether collateral estoppel is fair and consistent with public policy in a particular case depends in part upon the character of the forum that first decided the issue later sought to be foreclosed.

12013–2013
Gentry v. Superior Court green
cal · 2007
1 sentence

2009The trial court at the hearing on the motion cited Gentry, supra, 42 Cal.4th 443 , and Murphy v. Check ’N Go of California, Inc. (2007) 156 Cal.App.4th *164 138 [ 67 Cal.Rptr.3d 120 ] (Murphy), and stated, “we have an individual plaintiff with a small claim who would otherwise be unable to afford legal servicesf,] and the class action would be an appropriate mechanism by which he could, in effect, bundle his claim with other claims and make it more efficient and expedient.” The court also stated that the “small claims procedure” did not allow discovery in cases where the amount in dispute was

12009–2009
Murphy v. Check 'N Go of California, Inc. green
calctapp · 2007
2 sentences

2009The trial court stated at the beginning of the hearing, “I note that plaintiff is on the same page as the court,” and cited Gentry and Murphy, supra, 156 Cal.App.4th 138 . 6 The court stated with respect to the analysis under Gentry , “we have an individual plaintiff with a small claim who would otherwise be unable to afford legal services [,] and the class action would be an appropriate mechanism by which he could, in effect, bundle his claim with other claims and make it more efficient and expedient.” Thus, the court determined that group action was likely to be significantly more effective

2009The trial court at the hearing on the motion cited Gentry, supra, 42 Cal.4th 443 , and Murphy v. Check ’N Go of California, Inc. (2007) 156 Cal.App.4th *164 138 [ 67 Cal.Rptr.3d 120 ] (Murphy), and stated, “we have an individual plaintiff with a small claim who would otherwise be unable to afford legal servicesf,] and the class action would be an appropriate mechanism by which he could, in effect, bundle his claim with other claims and make it more efficient and expedient.” The court also stated that the “small claims procedure” did not allow discovery in cases where the amount in dispute was

12009–2009
Espinoza v. MacHonga green
calctapp · 1992
1 sentence

1995(The calculation of $1,960 rather than $2,000 reflects a small error that need not concern us here.) The alternative approach to allocation that Riverside favors was followed in Espinoza v. Machonga, supra, 9 Cal.App.4th 268 .

11995–1995
Anderson v. Superior Court green
calctapp · 1990
1 sentence

1994The hearing shall include the claim of a defendant which was heard in the small claims court.” (Stats. 1991, ch. 915, § 25.) 4 The Legislature’s clarification of the law also relieves superior courts from performing what may have proved to be an impossible task, apparently required by Anderson v. Superior Court, supra, 226 Cal.App.3d 698, of separating a defendant’s contentions in support of his defense from his contentions in support of his claim.

11994–1994
People v. Reilly green
calctapp · 1987
2 sentences

1988In People v. Reilly, supra, 196 Cal.App.3d 1127, 1141-1146 , which involved in part electrophoretic testing for PGM, the witnesses appear to have recognized that a small error rate affects the reliability of results. 2 It does not appear whether Dr. Blake used electrophoretic testing for PGM, whether he used some other method, or whether such other method would also involve a recognized rate of error.

1988In People v. Reilly, supra, 196 Cal. App.3d 1127, 1141-1146 , which involved in part electrophoretic testing for PGM, the witnesses appear to have recognized that a small error rate affects the reliability of results. [2] It does not appear whether Dr. Blake used electrophoretic testing for PGM, whether he used some other method, or whether such other method would also involve a recognized rate of error.

11988–1988

Where else courts name it

IL 20 (1974–2026) CA 8 (1988–2016) IN 8 (1995–2020) PA 8 (1956–2020) NH 7 (2015–2024) MD 7 (2005–2025) NY 7 (1961–2011) IA 6 (1983–2009) FL 6 (1915–2025) ME 5 (1988–2024) TX 5 (1906–2019) WA 5 (2001–2017) KS 4 (1972–2014) MA 3 (1989–1999) WI 3 (2018–2022) NJ 2 (1953–2014) AK 2 (1981–2023) OH 2 (1999–2026) OK 2 (1980–1991) CT 2 (1993–2006) LA 2 (1970–1996) GA 2 (2026–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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