A defendant may file a claim against the plaintiff even if the claim does not relate to the same subject or event as the plaintiff’s claim, so long as the claim is within the jurisdictional limit of the small claims court.
Rule 3.2104.Defendant’s claim
Division 21. Rules for Small Claims Actions · Chapter 1. Trial Rules · Adopted 1703 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.2104 lets a small claims defendant file a claim against the plaintiff even when it has nothing to do with the plaintiff’s claim, as long as the defendant’s claim stays within the small claims court’s dollar limit.
Full Text of Rule 3.2104
Plain-English Summary
In ordinary civil litigation, a counterclaim usually has to relate in some way to the plaintiff’s claim or the same underlying transaction. Rule 3.2104 drops that connection requirement for small claims defendants. A defendant sued in small claims court can file a claim against the plaintiff over an entirely unrelated dispute, so long as that separate claim still fits within the small claims jurisdictional limit.
The rule trades procedural tidiness for convenience. Small claims court exists to give people an inexpensive, fast way to resolve modest disputes without lawyers, and requiring a defendant to file a second, unrelated case elsewhere would undercut that goal. Rule 3.2104 lets both sides settle everything between them in one proceeding, provided the amount at stake on the defendant’s side stays within the court’s limit.
Frequently Asked Questions
Does a defendant’s claim in small claims court have to relate to the plaintiff’s claim?
No. Rule 3.2104 allows the defendant to file a claim against the plaintiff even if it involves a completely different subject or event.
Is there a limit on the defendant’s claim in small claims court?
Yes. The defendant’s claim must stay within the jurisdictional limit of the small claims court, the same dollar ceiling that applies to any small claims action.
What happens if the defendant’s claim exceeds the small claims jurisdictional limit?
Rule 3.2104 does not address that situation directly, but Code of Civil Procedure section 116.390 governs the transfer of an action when a defendant’s claim exceeds the jurisdictional limit.
Amendment History
Rule 3.2104 renumbered effective January 1, 2007; adopted as rule 1703 effective July 1, 1991.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: defendant counterclaim small claims Californiacan defendant file unrelated claim small claimssmall claims jurisdictional limit defendant claim