Limited vs Unlimited Civil Cases in California Courts

Lawyers trained in the federal system look for a jurisdictional amount and assume California must have one too. It does not. California superior courts have general jurisdiction, and the division between limited and unlimited civil cases is a classification device that decides which set of procedural rules applies — not whether the court has power to hear the case.

The distinction nonetheless has real consequences: how much discovery is available, what relief can be granted, how quickly the case moves, and what happens when the value of the claim turns out to be different from what the complaint assumed. This guide explains all four, along with the reclassification procedure and the small claims division that sits below both tracks.

The classification

Code of Civil Procedure sections 85 to 88 define a limited civil case by reference to the amount demanded and the relief sought. Senate Bill 71 raised the ceiling from $25,000 to $35,000 with effect from 1 January 2024, and the small claims limits moved at the same time. Because the Legislature revisits these figures, confirm the amount applicable to your filing date with the California Courts or the court where you are filing rather than relying on any secondary source.

Section 85 also requires that the case seek no relief outside the limited civil framework. That is why a claim for $10,000 in damages plus a permanent injunction cannot be filed as a limited civil case: the relief, not the amount, disqualifies it.

What changes in a limited civil case

Relief. No permanent injunction, no declaratory relief, no determination of title to real property, and recovery capped at the threshold amount.
Discovery. Section 94 permits a combined total of thirty-five interrogatories, requests for admission and inspection demands, plus one oral or written deposition, with more available only by court order under section 95.
Economic litigation rules. Sections 90 to 100 streamline pleading, motion and trial procedure, and section 98 allows a declaration in lieu of live testimony in certain circumstances.
Cost and speed. Filing fees are lower and cases are set for trial faster, which is the principal reason the track exists.
Appeals. Appeals go to the appellate division of the superior court rather than to the Court of Appeal.

Reclassification, not dismissal

If a case is filed in the wrong track, the remedy is reclassification under section 403.040, on motion of a party or the court’s own motion. Ytuarte v. Superior Court (2005) sets the standard for reclassifying an unlimited case downward: the court must be able to conclude with legal certainty that the recovery will not exceed the threshold. Reclassification upward requires payment of the difference in filing fees. What never happens is dismissal for lack of subject matter jurisdiction, because the superior court had jurisdiction all along.

Small claims

Below both tracks sits the small claims division, a separate part of the superior court where parties may not be represented by attorneys at the hearing, procedure is informal, and the monetary limits are lower still and differ for individuals and entities. A defendant who loses may appeal for a trial de novo in the superior court; a plaintiff who loses may not appeal the claim, though a plaintiff may appeal a ruling on the defendant’s counterclaim.

The three tracks compared

Feature	Small claims
Attorneys at hearing	Not permitted
Discovery	None
Equitable relief	Very restricted
Jury trial	No
Appeal route	Trial de novo, defendant only
Typical use	Consumer and neighbour disputes

Three procedural systems inside one court of general jurisdiction.

A worked example

A tenant sues her landlord for $28,000 in damages caused by a plumbing failure and also asks the court to order repairs. She files as a limited civil case because the damages figure is below the threshold.

The classification is wrong, but not because of the money. The request for an injunction ordering repairs is relief unavailable in a limited civil case, so the action must be reclassified as unlimited under section 403.040 and the difference in filing fees paid. Nothing is dismissed, no claim is lost, and the case continues in the same court — which is exactly the point of a general jurisdiction system.

Case classification in Los Angeles County in 2026

The Superior Court of Los Angeles County is the largest trial court in the United States, and it runs all three tracks across dozens of courthouses. Classification determines a great deal in practice: which courthouse hears the case under the court’s civil filing rules, what the filing fee is, how quickly a trial date is available, and — most consequentially for litigants — how much discovery counsel can afford to do.

The discovery restriction is the point most often underestimated. A limited civil case allows one deposition and thirty-five discovery items in total across all three written methods. In a disputed liability case with three witnesses that is simply not enough, and the section 95 application for additional discovery is granted sparingly. Counsel evaluating a claim near the threshold should therefore ask not only what the case is worth but what proving it will cost in discovery, because a case pleaded just under the line can become unprovable.

Practical points for a 2026 Los Angeles filing:

Confirm the current threshold before you file. The figure changed for 2024 and further adjustments are possible; verify with the Los Angeles Superior Court.
Check the relief, not just the amount. An injunction, declaratory relief or a title determination disqualifies the limited track regardless of the sum claimed.
Price the discovery before choosing the track. Thirty-five items and one deposition is the real constraint in a contested limited civil case.
Use section 98 declarations deliberately. The limited civil trial procedure allows written testimony where the declarant is available for service of process, which changes trial preparation entirely.
Watch the reclassification standard. Moving a case down requires legal certainty that recovery will not exceed the threshold, which is a high bar for a defendant to meet.
Remember the appellate route. A limited civil appeal goes to the appellate division of the superior court, and the briefing rules and deadlines differ from those of the Court of Appeal.

For 2026, treat the classification decision in Los Angeles as a litigation-strategy decision made at intake, not a box to be ticked on the caption page. Continue with subject matter jurisdiction, the discovery rules and the anti-SLAPP motion.

Common mistakes to avoid

Calling the threshold jurisdictional. It is a classification, and misclassification is corrected rather than punished.
Ignoring the relief limits. The type of relief sought disqualifies the limited track independently of the amount.
Underestimating the discovery cap. Thirty-five items total, across all written methods, plus one deposition.
Assuming reclassification is automatic. It requires a motion or the court’s own action, and moving downward requires legal certainty.
Relying on an outdated figure. The limited civil and small claims limits have both been raised in recent years.

Frequently asked questions

Is the limited civil threshold a jurisdictional limit?

No. California superior courts have general jurisdiction. The threshold classifies the case into a procedural track, and a case filed in the wrong track is reclassified rather than dismissed.

What is the current limited civil amount?

Senate Bill 71 raised it from $25,000 to $35,000 with effect from 1 January 2024. Because the Legislature revisits these figures, confirm the amount applicable to your filing date with the court.

How much discovery is available in a limited civil case?

A combined total of thirty-five interrogatories, requests for admission and inspection demands, plus one deposition, with additional discovery only by court order.

Can a limited civil case seek an injunction?

No. Permanent injunctive relief, declaratory relief and determinations of title to real property are outside the limited civil framework, so such a case must be filed or reclassified as unlimited.

Where do appeals from limited civil cases go?

To the appellate division of the superior court, not to the Court of Appeal, with its own rules and deadlines.

Related guides

Next steps

Classification decides the procedural rules; the substantive question of what the court may do next belongs to the discovery and motion practice built on top of it. Read the discovery rules and the anti-SLAPP motion.