Can I transfer a case from small claims to a regular civil court?

What the Law Says

California law allows either party to move a small claims case to the limited civil division of superior court under certain conditions. The transfer must happen before the small claims hearing begins, and requires filing a formal request and paying a statutory fee.

You may ask the court to transfer your small claims case to the regular civil court (limited civil division) if you believe you need more procedural protections — such as the right to discovery, a jury trial, or representation by an attorney.

The law requires you to file your request before the scheduled small claims hearing. Once the hearing starts, transfer is no longer allowed.

You must use Judicial Council Form SC-105, 'Request to Transfer Small Claims Case to Civil Court', and pay a $15 fee. The court clerk will then assign a new case number and set a new hearing date in civil court.

Statutory Text

A party may request that a small claims case be transferred to the civil division of the superior court before the hearing on the claim.

— Code of Civil Procedure, § 116.530(a) — Transfer of case

Statutory Text

The request must be made on a form prescribed by the Judicial Council and accompanied by a fee of $15.

— Code of Civil Procedure, § 116.530(b) — Transfer of case

What to Do

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