Limited and unlimited civil cases in California

Near the top of the complaint form, above the first numbered item, is a box that decides how the whole case will be run. It asks whether the action is a limited civil case or an unlimited one. This page explains what that choice changes. It is general information, not legal advice.

What sets the line

An action is a limited civil case where the amount in controversy does not exceed $35,000 (Code Civ. Proc., § 85). That figure was raised by Senate Bill 71 with effect from January 1, 2024 — it was lower before then, and material written earlier still quotes the old one, which is the commonest way people get this wrong.

Two things follow that are worth separating. The amount is about what is in controversy, not what a case is "worth" in the abstract. And the election is made at the start, on incomplete information, which is exactly why the law allows it to be changed later.

What actually differs

This is the part that matters and the part that rarely gets explained. The tracks are not the same case with a different number on it.

Discovery is capped, and the cap is severe

In a limited civil case each party may take, against each adverse party, any combination of 35 interrogatories (with no subparts), demands to produce documents or things, and requests for admission (with no subparts). Plus one oral or written deposition — and a deposition of an organisation counts as one even though several people may testify. Beyond that: a deposition subpoena for documents, physical and mental examinations, and the identity of expert witnesses.

In an unlimited case those numbers are far higher and depositions are not rationed in that way. If a case turns on documents held by the other side, or on the testimony of several witnesses, that cap is not a technicality — it is the case.

The appeal goes somewhere else

An appeal in a limited civil case goes to the appellate division of the superior court — the same court, sitting as an appellate panel — rather than to the Court of Appeal. That is a different bench, a different procedure, and a different body of published authority.

The ceiling is real

A limited civil case cannot produce a judgment above the statutory amount, whatever the evidence later shows. If the injury turns out to be worse than it first appeared, the track has to change or the difference is simply unavailable. That is the risk that matters most in an injury case, because injuries are commonly worse at six months than at six weeks — and the election is made at the very start, when least is known. How treatment history affects a claim.

Reclassification, in both directions

The complaint form carries boxes for a case being reclassified by an amended complaint, from limited to unlimited and from unlimited to limited. So the first election is not permanent. What it is, is consequential: moving up costs a fee and can cost time, and a case that has been run on limited-track discovery for a year does not become fully investigated the moment it is reclassified.

The two boxes below the election

Under the limited civil case box, the form has a further pair recording whether the amount demanded is above or below a lower figure. That second line is not about the track — it drives the filing fee, which is banded.

The Civil Case Cover Sheet · what affects the value of a claim.

Common questions

Where is the threshold set?

Code of Civil Procedure section 85 sets it, and Senate Bill 71 raised it with effect from January 1, 2024. Anything written before that date may still state the older figure, so check the date on whatever you are reading.

Is a limited civil case a small claims case?

No. Small claims is a separate court with its own lower ceiling, no lawyers appearing for parties in the ordinary case, and its own appeal route. A limited civil case is a full lawsuit with pleadings, discovery and a trial — it is simply run on a restricted track.

Can a case move from one track to the other?

Yes, in both directions, and the complaint form has boxes for it. A case can be reclassified from limited to unlimited or from unlimited to limited, including by an amended complaint.

Why would anyone choose the limited track?

Speed and cost. Restricted discovery means a shorter, cheaper case. The trade is that the restriction applies to you as well, and the ceiling is a hard cap on what can be recovered no matter what the evidence later shows.

Sources: Code Civ. Proc., § 85 (what makes an action a limited civil case; amended Stats. 2023, ch. 861, § 2 (SB 71), effective January 1, 2024); Code Civ. Proc., § 94 (discovery permitted in a limited civil case; amended Stats. 2006, ch. 538, § 61); Code Civ. Proc., § 904.2 (appeal in a limited civil case is to the appellate division of the superior court; amended Stats. 2007, ch. 43, § 10). Election and reclassification boxes read from PLD-PI-001, revised January 1, 2024, retrieved 1 September 2026.