(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.
§ 116.390.Transfer of action when defendant’s claim exceeds jurisdictional limit
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2007 · Last verified July 28, 2026
In one sentenceSection 116.390 lets a defendant with a claim against the plaintiff that exceeds the small claims jurisdictional limits, and that relates to the same matter as the plaintiff’s claim, sue the plaintiff in a court of competent jurisdiction and ask the small claims court to transfer the small claims case there.
Full Text of § 116.390
(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.
Plain-English Summary
Section 116.390(a) addresses a defendant whose own claim against the plaintiff is worth more than the small claims court can award, but who is stuck defending a related small claims action. That defendant may file a separate action in a court with jurisdiction over the larger claim and ask the small claims court to transfer the small claims case to that same court.
Subdivision (b) requires the defendant to make that request through a declaration filed with the small claims court, along with a true copy of the complaint the defendant filed against the plaintiff, delivered personally to the plaintiff before or at the hearing. Subdivision (c) leaves the small claims court with three options: render judgment on the small claims case before any transfer, transfer the case without deciding it, or refuse to transfer if the ends of justice would not be served. If the transfer happens before judgment, both cases are tried together in the transferee court.
Subdivision (e) protects the plaintiff from extra fees created by the transfer — the plaintiff owes no transmittal, appearance, or filing fee in the transferee court unless the plaintiff chooses to appear there, in which case ordinary fees apply. But if the transferee court then rules against the plaintiff, it may award the defendant the costs the transfer caused, including attorney’s fees and filing fees.
Frequently Asked Questions
What can a defendant do if their own claim against the plaintiff is worth more than small claims court allows?
Section 116.390(a) lets that defendant sue the plaintiff in a court of competent jurisdiction and ask the small claims court to transfer the pending small claims action to that court.
Does the small claims court have to grant a transfer request under this section?
No. Section 116.390(c) gives the court discretion to render judgment before any transfer, to transfer without deciding the case, or to refuse the transfer if the ends of justice would not be served.
Do I owe extra court fees if my small claims case is transferred under this section?
Not automatically. Section 116.390(e) exempts the plaintiff from transmittal, appearance, or filing fees in the transferee court unless the plaintiff appears there, though the plaintiff may be ordered to pay the defendant’s transfer-related costs if the transferee court rules against the plaintiff.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 11.5 (SB 771); Stats 1996 ch 1159 § 4 (AB 3471); Stats 2005 ch 75 § 21 (AB 145), effective July 19, 2005, operative January 1, 2006; Stats 2006 ch 167 § 5 (AB 2618), effective January 1, 2007.
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: defendant claim exceeds small claims limit californiatransfer small claims case to superior court