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.