California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions
Sections 116.310-116.390

Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions

CODE OF CIVIL PROCEDURE
SECTION 116.310-116.390

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.

 

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