Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court?

California, United States of America


The following excerpt is from Hardy v. Superior Court (Pacific Ocean Popeye, Inc.), 226 Cal.App.3d 1418, 277 Cal.Rptr. 633 (Cal. App. 1991):

Sellery v. Ward, supra, 21 Cal.2d at page 304, 131 P.2d 550, holds: "The superior court clearly had jurisdiction. [p] Where the action is brought in good faith and the cause of action stated is within the jurisdiction of the court in which it is commenced, the mere fact that the judgment is for less than the jurisdictional amount of the court does not establish that it was without jurisdiction. [Citations.] Ordinarily the relief claimed when the action is instituted determines the jurisdiction of the court over the subject matter for the entire proceeding. [Citations.]"

Sellery continued: "The situation in the instant case is no different from the ordinary case in which the relief granted by the judgment is of an amount or character which if it appeared to be the matter in controversy when the action was instituted the court would lack jurisdiction. In such a case the court has jurisdiction if the relief sought is within the jurisdiction of the court when the action is commenced." (Sellery v. Ward, supra, 21 Cal.2d at page 305, 131 P.2d 550.)

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