Melanee said:
The letter from the car finance company also says that this amount is small enough to be taken to Small Claims Court, but that they are obligatioted under California Civil Code Procedure to take us to Municipal/Superior Court.
Why are they obligated to do that if it's small enough for Small Claims court?
My response:
You're actually being sued in Superior Court - Limited Jurisdiction. There are no "Municipal Courts" in California anymore, despite the fact that many Statutes still say "Municipal" in them. That word is replaced by legislative fiat with the word "Superior."
You are being sued under Civil Code § 2984.4 (motor vehicle sales) and Small Claims court does not have "discovery" options like the Superior Court does, and does not have "jurisdiction" to hear such matters _1/. Also, the Plaintiff believes that the principal amount, plus attorney's fees, costs, and interest will be, or may be, greater than $5,000.00.
IAAL
_1/ Civil Code § 2984.4 states in pertinent part with regard to jurisdiction in such a lawsuit:
"If within the county there is a municipal court, having jurisdiction of the subject matter, established in the judicial district in which the contract, conditional sale contract, or purchase order was in fact signed by the buyer, or in which the buyer resided at the time the contract, conditional sale contract, or purchase order was entered into, or in which the buyer resides at the commencement of the action, or in which the motor vehicle purchased pursuant to the contract is permanently garaged, that court is the proper court for the trial of the action."
