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by dtrizzle
3447 days ago
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"However, in the second trial the small claims cap of $10,000 is removed and the judge can potentially award much more money in damages to the plaintiff." This is wrong. $10,000 is the absolute damages cap in small claims court and the small claims appeal (which is really just a new trial). See California Code of Civil Procedure Section 116.220 and 116.221. The exact same claim is simply heard in front of a new judicial officer. It is not possible to amend the claim to add more damages in the appeal. See California Code of Civil Procedure Section 116.770(d). A judge could award another $1000 but only if the appeal was frivilous. See California Code of Civil Procedure 116.790. This happens rarely. * I'm a CA licensed attorney and just happened to attend the temporary judge small claims training just a couple weeks ago. |
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Fair to assume this is not legal advice to the OP (or anyone), then?