A $9,000 unpaid invoice and a $90,000 broken contract belong in different courtrooms — and choosing the wrong one costs time, money, or part of your claim. California offers three tiers of civil court, each with its own dollar limits, procedures, and trade-offs. Here is how to figure out where your dispute belongs.
The three tiers of California civil court
- Small claims court — for modest disputes, with simplified procedures and no attorneys at the hearing. Individuals can sue for up to $12,500; corporations, LLCs, and other entities are capped at $6,250 (CCP § 116.221). One catch: a plaintiff generally may not file more than two small claims actions over $2,500 anywhere in California in a calendar year.
- Limited civil — a division of superior court for cases up to $35,000 (CCP § 85, as raised effective 2024), with streamlined "economic litigation" rules that restrict discovery.
- Unlimited civil — full superior court procedure for claims over $35,000, or any case seeking remedies unavailable below, such as most injunctions.
What small claims does well
Small claims is built for speed and self-representation. Filing fees run roughly $30 to $75, hearings are typically set within a few months, and the informal format means you tell your story to a judge with your documents in hand. Lawyers cannot appear at the hearing (CCP § 116.530), though nothing stops you from consulting one beforehand to organize your evidence and theory — often the best value in the process. For a business chasing a string of small receivables, small claims can be an efficient collection channel, subject to the two-claims-over-$2,500 yearly limit.
The trade-offs are real, though. To sue there, you waive any amount above the cap — for an individual, a $15,000 claim filed in small claims becomes a $12,500 claim forever. A plaintiff generally cannot appeal an adverse judgment on the plaintiff's claim, while a defendant who loses may demand a new hearing before a different superior court judge. Discovery tools are essentially unavailable, so if you need the other side's records to prove your case, small claims is the wrong venue. And a judgment is only paper until collected; small claims judgments are enforced with the same tools as any other, which still takes work.
What superior court does well
Superior court gives you the full toolkit: attorneys, discovery (interrogatories, document demands, depositions, subpoenas to banks and third parties), dispositive motions, jury trials, provisional remedies like writs of attachment, and appellate rights. If your contract has an attorney's fees clause, Civil Code § 1717 generally makes it reciprocal in an action on the contract — the prevailing party can recover fees, which changes the economics of pursuing mid-size claims with counsel. The costs are correspondingly higher: a first-paper filing fee around $435–$450 in unlimited cases, months of procedure, and attorney time. A contested unlimited case commonly runs a year or more, as our civil litigation page explains in more detail.
The awkward middle: limited civil
Claims between $12,500 and $35,000 often land in limited civil, which deliberately trims cost to match the stakes: each side gets a combined total of 35 discovery requests (interrogatories, demands, and admissions) and one deposition, and certain motions are restricted. That economy is a feature for straightforward disputes — an unpaid invoice with clean documentation fits well. It is a bug when your case needs more investigation than the rules allow, in which case pleading the case as unlimited (if the damages honestly support it) may be worth the higher fees.
Choosing: five questions to ask
- What is the claim honestly worth? Value it before choosing a forum — applying the applicable jurisdictional rules for interest, costs, and attorney's fees — rather than shaping the number to fit a court.
- Can you prove it with documents you already have? If yes, lower tiers work. If you need discovery, go up a tier.
- Is there an attorney's fees clause? Fee recovery makes superior court viable for claims that would otherwise cost more to litigate than they return.
- Who are you suing, and can they pay? A judgment against an insolvent defendant is worth little in any courthouse. Basic asset due diligence comes first.
- How many claims like this do you file a year? Businesses with recurring receivables need a repeatable strategy across small claims limits and volume caps — a core piece of a debt collection program.
A note on entities
A corporation or LLC generally must appear through an attorney in superior court — an entity cannot represent itself the way an individual can. In small claims, an entity instead appears through a statutorily authorized nonlawyer representative, such as an employee or, depending on the entity, an officer or director. Factor representation costs into the forum decision from the start, not after filing.
Talk to a California business attorney
Not sure which court fits your dispute — or whether the claim justifies suing at all? That forum-and-economics question is exactly what a first conversation is for. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
