Yuke said:
What is the name of your state? CA
Can you satisfy the SOL by filing a claim in small claims court before the end of the SOL, then subsequently re-file the same claim in muni or superior with a full blown complaint after the SOL has passed.
My response:
Think "subject matter jurisdiction". Also, think "dimissal" and who dismissed the case; e.g., the litigant or the judge. Also, think with or without prejudice. Also, are you thinking about filing in Superior court on a "relation back" theory?
In "relation back," typically, the issue arises when the statute of limitations has run between the date the action was filed and the time the amendment is sought. If the amended complaint "relates back" to a timely-filed original complaint, it escapes the bar of the statute of limitations. [Austin v. Massachusetts Bonding & Ins. Co. (1961) 56 Cal.2d 596, 600, 15 Cal.Rptr. 817, 819]
While the above case deals with an amendment of the complaint in the same court, I imagine that relation back would apply IF you plead the Small Claims filing in the Superior court complaint and, once filed, then dismiss the Small Claims action without prejudice.
IAAL
