(a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a limited civil case, the statute or rule applicable to a small claims case governs the small claims case and the statute or rule applicable to a limited civil case does not.
§ 87.Bringing limited civil case in small claims division; Conflict in applicable statutes or rules
Title 1. Organization and Jurisdiction · Chapter 5.1. Limited Civil Cases · Article 1. Jurisdiction in Limited Civil Cases · Enacted 1999 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 87 resolves conflicts between the rules that govern limited civil cases generally and the rules written specifically for the small claims division, providing that the small-claims-specific rule controls whenever a limited civil case is also a small claims case.
Full Text of § 87
(b) Nothing in this section affects the jurisdiction of the small claims division as otherwise provided by statute.
Plain-English Summary
A small claims case is a special kind of limited civil case — but it comes with its own set of procedural rules, separate from the ones that apply to limited civil cases generally. Section 87 tells a court which set wins when the two conflict.
Section 87 answers directly: the small-claims-specific rule controls, and the more general limited-civil-case rule gives way. An appeal from a small claims judgment, for example, follows the specific small claims appeal procedure rather than the general appellate procedure for limited civil cases.
Subdivision (b) adds a limit on the section’s own reach: nothing in § 87 changes the small claims division’s jurisdiction. The section only sorts out which procedural rule applies once a case is properly in that division — it doesn’t expand or shrink what kinds of cases the division can hear.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1999 Law Revision Commission Comment. Section 87 is added to clarify the appropriate treatment of a small claims case. The provision is declarative of existing law. Because a small claims case is a limited civil case, a provision that applies to a case other than a limited civil case (e.g., Sections 564, 1283.05) does not apply to a small claims case. Where, however, there is a conflict between a provision applicable to a limited civil case and a provision applicable to a small claims case, the provision applicable to a small claims case prevails over the more general provision in a small claims case. For example, Section 904.2 governs an appeal in a limited civil case. It is inapplicable to a small claims case because Section 904.5 specifies different procedures for an appeal from the small claims division. This is comparable to the situation that existed before the Constitution was amended to permit unification of the municipal and superior courts in a county: In a small claims case, a provision applicable to a small claims case prevailed over a general provision for a municipal court case. See, e.g., former Sections 904.2 (appeal from municipal or justice court), 904.5 (appeal from small claims division of municipal or justice court). See Sections 85 (limited civil cases) & Comment, 116.220 (jurisdiction of the small claims division).
Frequently Asked Questions
If a small claims rule conflicts with the general limited civil case rules, which one applies?
The small-claims-specific rule applies. Section 87 makes clear the rule written for the small claims division controls over the more general rule for limited civil cases.
Does § 87 change what cases the small claims division can hear?
No. Section 87 only resolves conflicts between procedural rules — it doesn’t expand or limit the small claims division’s jurisdiction, which other statutes set.
Amendment History
Added Stats 1999 ch 344 § 3 (SB 210), effective September 7, 1999.
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: small claims vs limited civil case californiaconflict small claims rules limited civil case