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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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I have a Limited UD case where possession is no longer an

Customer Question

I have a Limited UD case where possession is no longer an issue, the damages are now over 25k and need to be converted to an unlimited case. Do I have to file a motion for relief to amend, and then amend the complaint? or is there something else I can do to get it into Unlimited?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socallegalwork replied 1 year ago.

If possession is no longer an issue, then it is no longer properly an unlawful detainer matter. Now you need to convert the matter to an ordinary civil matter where you are asserting a cause of action for beach of lease and the resulting damages therefrom.

You should advise the court as soon as possible. Local rules will vary and some judges will allow the matter to proceed as a limited civil unlawful detainer case unless you notify the court and request leave to file a complaint for breach of lease. Call the department assigned to your case, talk to the clerk and advise them possession is not an issue and ask them what they need you to do (in some superior courts simple notice with a declaration from you that possession is not an issue is sufficient, others require a motion seeking leave to convert the matter, etc.).

Again, unfortunately in my experience, counties (and even judges) will differ. Yet,once you let them no possession is not an issue, they will let you know what you need to file with the court.

What county are you in?

Customer: replied 1 year ago.
It's in riverside county and it's already been converted to limited jurisdiction civil however I found out that the damages are more than $25,000 so I need to amend the complaint to include those damages and the case needs to be transferred to an unlimited jurisdiction. I am also an attorney, I just needed to know if I needed to file a motion to amend or if there was something else I could do from a converted UD.
Expert:  socallegalwork replied 1 year ago.

Okay. It has been converted to an ordinary civil.

There are a lot of rules and factors and I can provide you with a host of code sections if you would like. But I think I can sum it up based on your answer to the following question: Has an answer been filed? If not, you can file an amended complaint and pay the difference in filing fees (between limited and unlimited).

If an answer was filed, then you will need to have to notice a motion and a hearing on the motion, which means preparing a motion explaining how you only recently learned from developing facts that your damages exceed the limits of a limited jurisdiction case and request the court grant you leave to file an amended complaint.

Let me know if you want the code sections that lay out the full "nitty-gritty."

Customer: replied 1 year ago.
No that answered my question I know in civil cases if an answer was not filed you can just file an amended complaint. I wasn't sure if it worked the same in converted UD cases or if there was another way of doing it. I just sub in the case. I will file the motion to amend. Thanks have a good evening.
Expert:  socallegalwork replied 1 year ago.

Good luck to you.