§ 1033.Limited Civil Cases

Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1998 · Last verified July 28, 2026

In one sentenceSection 1033 reduces or eliminates cost recovery for a plaintiff who wins a judgment that could have been brought as a limited civil case or in small claims court, giving the court discretion over costs in the first situation and narrowly capping recoverable items in the second.

Full Text of § 1033

Text sizeJump to: (a) (b)

(a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case.

(b) When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply:

(1) When the party could have brought the action in the small claims division but did not do so, the court may, in its discretion, allow or deny costs to the prevailing party, or may allow costs in part in any amount as it deems proper.

(2) When the party could not have brought the action in the small claims court, costs and necessary disbursements shall be limited to the actual cost of the filing fee, the actual cost of service of process, and, when otherwise specifically allowed by law, reasonable attorneys' fees. However, those costs shall only be awarded to the plaintiff if the court is satisfied that prior to the commencement of the action, the plaintiff informed the defendant in writing of the intended legal action against the defendant and that legal action could result in a judgment against the defendant that would include the costs and necessary disbursements allowed by this paragraph.

Plain-English Summary

This section discourages plaintiffs from overreaching on jurisdiction -- filing a bigger, more expensive case than the recovery ultimately justifies. Subdivision (a) covers a prevailing party who recovers a judgment that could have been rendered in a limited civil case but wasn't brought as one; costs there are left to the court's discretion under the rules § 1034 establishes, rather than awarded as a matter of right the way § 1032 ordinarily requires.

Subdivision (b) goes further for limited civil cases that recover even less, below the maximum jurisdictional amount for small claims court. If the plaintiff could have filed in small claims but chose the limited civil track instead, the court has discretion to allow, deny, or partially allow costs. If the plaintiff truly couldn't have used small claims court, because, for instance, the claim needed representation or exceeded what small claims allows for certain claim types, costs are capped at the actual filing fee, actual cost of service of process, and any attorney's fees otherwise specifically authorized by law.

That narrower recovery in the small-claims-eligible-amount scenario comes with a condition: the plaintiff only gets those limited costs if the plaintiff gave the defendant written notice, before filing suit, of the intended legal action and that a judgment could include the costs this paragraph allows. A plaintiff who sues without that warning forfeits even the reduced cost recovery.

Frequently Asked Questions

What happens to costs when a prevailing party's judgment could have been a limited civil case?

Costs are left to the court's discretion under the rules adopted pursuant to § 1034, rather than awarded as a matter of right under § 1032.

What if a limited civil plaintiff recovers less than the small claims jurisdictional maximum?

If the plaintiff could have sued in small claims court, the court has discretion over costs; if the plaintiff couldn't have, recoverable costs are limited to the filing fee, service of process costs, and any statutorily authorized attorney's fees.

Is there a condition on recovering that limited set of costs?

Yes. The plaintiff must have informed the defendant in writing, before filing suit, of the intended legal action and its possible cost consequences.

Amendment History

Amended by Stats. 1998, Ch. 931, Sec. 107. Effective September 28, 1998.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: ccp 1033 limited civil case costs californiasmall claims eligible case costs californiareduced costs limited civil case california