Refile case from small claims to superior court?

[SDlandlord]

What is the name of your state? California (San Diego)

Tenants of 12 years left our single family rental home and outside grounds in disarray. Many unapproved alterations were made to the property and they totally destroyed the bathroom with water damage. Losses after use of their $1,200 security deposit amount to approximately $8,000.

A decision was made to proceed in small claims court based on the tenant’s likely ability to pay a judgment and the additional expenses of pursuing the claim in superior court.

Tenants have filed a counter-claim for return of the entire security deposit.

Subsequent to filing our case, contractors alerted us to the presence of mold/fungus in the remains of the bathroom. Mold remediation and testing has added an additional $2,000 to our losses. The added expenses have caused us to reconsider the small claims filing.

The counter-claim (which has no merit) suggests that the tenants may appeal any judgment, with the result we end up in superior court with all the attendant expense, but with the $5,000 small claims limit carryover.

Question: Are there any impediments to having our case and possibly the tenant’s counter case transferred to superior court at this point without the $5,000 limitation? Would asking for a dismissal without prejudice be the strategy to allow filing suit in superior court for the total losses?

Thanks

 

[HomeGuru]

What is the name of your state? California (San Diego)

Tenants of 12 years left our single family rental home and outside grounds in disarray. Many unapproved alterations were made to the property and they totally destroyed the bathroom with water damage. Losses after use of their $1,200 security deposit amount to approximately $8,000.

A decision was made to proceed in small claims court based on the tenant’s likely ability to pay a judgment and the additional expenses of pursuing the claim in superior court.

Tenants have filed a counter-claim for return of the entire security deposit.

Subsequent to filing our case, contractors alerted us to the presence of mold/fungus in the remains of the bathroom. Mold remediation and testing has added an additional $2,000 to our losses. The added expenses have caused us to reconsider the small claims filing.

The counter-claim (which has no merit) suggests that the tenants may appeal any judgment, with the result we end up in superior court with all the attendant expense, but with the $5,000 small claims limit carryover.

Question: Are there any impediments to having our case and possibly the tenant’s counter case transferred to superior court at this point without the $5,000 limitation? Would asking for a dismissal without prejudice be the strategy to allow filing suit in superior court for the total losses?

Thanks

**A: time for an attorney don't cha think?

 

[SDlandlord]

Well, thanks anyway.

The correct answer to the question posed (not found or offered on this board) is to request a dismissal, without prejudice, of the plaintiffs' (landlords') case. Defendants' (tenants') counter-claim would then proceed on the issue of the withheld security deposit. Plaintiffs may then file in superior court for the total amount of damages exceeding the security deposit. The rental contract provides attorney's fees for the prevailing party.

The original decision to proceed in a small claims venue was sound, given the facts available at that time. New information about the extent of damage and the defendants "performance" at mediation, subsequently suggested a different course of action. An attorney will be retained for the superior court case, but would have been of little or no help up to that point.

 

[HomeGuru]

The correct answer to the question posed (not found or offered on this board) is to request a dismissal, without prejudice, of the plaintiffs' (landlords') case. Defendants' (tenants') counter-claim would then proceed on the issue of the withheld security deposit. Plaintiffs may then file in superior court for the total amount of damages exceeding the security deposit. The rental contract provides attorney's fees for the prevailing party.

The original decision to proceed in a small claims venue was sound, given the facts available at that time. New information about the extent of damage and the defendants "performance" at mediation, subsequently suggested a different course of action. An attorney will be retained for the superior court case, but would have been of little or no help up to that point.

**A: ok, whatever you say.