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I want to refile my lower court unlimited civil case without…

I want to refile my...
I want to refile my lower court unlimited civil case without prejudice to lower court as limited. How do I refile it?
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Answered in 2 hours by:
12/22/2017
Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
Experience: Partner at Soares & Lykken, Attorneys at Law
Verified

He​llo, my name is ***** ***** I am a California attorney. Thank you for using this service, and please understand that I can only provide you with general legal advice here. Also, this conversation does not create an attorney-client relationship. Now that the formalities are out of the way, let's look at your question.

Generally, you need to file a motion to reclassify an action as a limited civil action or an unlimited civil action. The parties can also stipulate to the reclassification, and the stipulation would be filed in the case. Finally, if the defendant hasn't answered the complaint you should be able to file an amended complaint reclassifying the matter. You also should not have to pay a new filing fee since the unlimited case filing fee is often higher than the filing fee for a limited case.

I hope this has helped. If you need any further clarification, please let me know. Otherwise, I would appreciate it if you would rate my service as I only receive credit for helping you if my service is rated. Thank you and good luck!

Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
Experience: Partner at Soares & Lykken, Attorneys at Law
Verified
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Michael Lykken, Esq
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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