You May Not Know That SB 71 Changed California’s Court Limits — Attorneys May Now File A Case As Unlimited Civil Only If the Amount Exceeds $35,000

If you’re filing a case in California civil court, the rules have changed — and many attorneys may not be fully aware of the new financial thresholds. 

As of January 1, 2024, Senate Bill 71 (SB 71) officially raised the maximum amount for limited civil cases from $25,000 to $35,000. That means any case filed as an "unlimited civil" must now allege more than $35,000 in damages — not just $25,000 as in prior years. 

This change doesn’t just affect where you file — it impacts whether your unlimited filing will survive judicial scrutiny at all. 

⚖️ What SB 71 Changed — and Why It Matters to Lawyers 

Previously, the line between limited and unlimited civil cases was $25,000. Anything above $25,000 could be filed as unlimited civil, with broader discovery rights, higher fees, and more complex procedures. 

Now, under SB 71: 

  • Limited civil case cap: Raised to $35,000 

  • Unlimited civil cases: Must now involve damages exceeding $35,000 

Why this matters: 
If you file an unlimited case alleging less than $35,000 in dispute, the judge may transfer the case out — which could result in delays, added costs, or complications in your litigation strategy. 

📌 What Qualifies as an Unlimited Civil Case (Post-SB 71) 

To qualify for unlimited jurisdiction, your case must now include: 

  • More than $35,000 in claimed damages 

  • Substantial complexity (e.g. expert testimony, extensive discovery) 

  • High stakes: major injuries, business loss, malpractice, or emotional damages 

  • Claims that justify full access to discovery and motion practice 

Typical examples could include: 

  • Catastrophic personal injury or long-term disability 

  • Employment litigation with significant economic/emotional damages 

  • Legal malpractice 

  • Mass tort and class action lawsuits 

  • Business disputes or breach of contract claims exceeding $35K 

⚖️ Limited vs. Unlimited Civil: Updated for 2024 

Feature 

Limited Civil (≤ $35K) 

Unlimited Civil (> $35K) 

Max Amount 

$35,000 

No cap 

Representation 

Allowed 

Allowed and Strongly recommended 

Discovery Scope 

Limited 

Full discovery permitted 

Motion Practice 

Restricted 

Full motion calendar 

Filing Fees 

Lower 

Higher 

Case Type Fit 

Simpler disputes 

Complex/high-value matters 

Strategic Implications for Plaintiff’s Attorneys 

If your case is close to the $35,000 mark, here’s what you need to consider: 

  • Filing an unlimited case when the claim is ≤ $35K could backfire 

  • Downplaying damages to simplify jurisdiction may limit client recovery 

  • Discovery limits in limited civil court could hamper complex claims 

  • Case strategy, fee structure, and court timelines may all be impacted 

✅ Practical Tips for Staying Compliant (and Competitive) 

  • Update your intake filters to identify when a case must be filed in limited vs. unlimited civil court 
  • Review all active filings under $35K and assess exposure to jurisdictional challenges 
  • Train intake staff and junior attorneys on the new thresholds 
  • Document justification for unlimited filing when the amount is close to the line 
  • When damages are close to the $35,000 threshold, it’s safer to file as a limited civil case

Need Help With a Complex, High-Value Case? 

At McGonigle Law, we focus exclusively on unlimited civil cases — where strategy, complexity, and client outcomes demand the highest level of legal experience. 

We regularly handle: 

  • Legal malpractice claims 

  • Employment litigation 

  • Mass torts and class actions 

  • High-stakes civil disputes 

If you're unsure where your case belongs—or how much your case is truly worth—McGonigle Law is here to help. Call us today at 800-713-5260 for a free consultation, and let’s protect what’s yours.  

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