Jonathan Borden vs Jacob Royall

Case Number

25CV06995

Case Type

Hearing Date / Time

Mon, 03/09/2026 - 10:00

Nature of Proceedings

Motion: Transfer

Tentative Ruling

On September 15, 2025, Jacob Royall filed a small claims action (the Small Claims Case, case No. 25CV05736) against Jonathan Borden.

On November 6, 2025, Borden filed a complaint in an unlimited civil action (the Unlimited Case, case No. 25CV06995) against Royall. On November 7, Borden filed a notice of related case identifying the Small Claims Case as a related case.

On November 10, 2025, Borden filed a declaration in the Small Claims Case requesting transfer and reclassification of the Small Claims Case to unlimited jurisdiction.

On November 17, 2025, Borden filed a first amended complaint in the Unlimited Case.

On November 18, 2025, the hearing on the Small Claims Case was continued to January 6, 2026. The notice of order setting a new date states that the continued hearing will also be to review compliance with Borden’s intention to pursue relief under Code of Civil Procedure section 116.390. Also on November 18, Borden filed this motion in the Unlimited Case to transfer the small claims case and reclassify to unlimited civil jurisdiction under Code of Civil Procedure section 116.390. No opposition has been filed to this motion.

On January 6, 2026, the hearing on the Small Claims Case was continued to March 17, 2026, to give the parties time to exchange exhibits. The minute order in the Small Claims Case does not indicate whether the Small Claims Case court ruled upon Borden’s request to transfer and reclassify.

“If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court.” (Code Civ. Proc., § 116.390, subd. (a).)

“The defendant may make the request by filing with the small claims court in which the plaintiff commenced the action, at or before the time set for the hearing of that action, a declaration stating the facts concerning the defendant’s action against the plaintiff with a true copy of the complaint so filed by the defendant against the plaintiff. The defendant shall cause a copy of the declaration and complaint to be personally delivered to the plaintiff at or before the time set for the hearing of the small claims action.” (Code Civ. Proc., § 116.390, subd. (b).)

“In ruling on a motion to transfer, the small claims court may do any of the following: (1) render judgment on the small claims case prior to the transfer; (2) not render judgment and transfer the small claims case; (3) refuse to transfer the small claims case on the grounds that the ends of justice would not be served. If the small claims action is transferred prior to judgment, both actions shall be tried together in the transferee court.” (Code Civ. Proc., § 116.390, subd. (c).)

As provided in section 116.390, this motion to transfer is to be heard by the small claims court rather than by this court. The motion to transfer is therefore denied without prejudice to the disposition of the same motion in the Small Claims Case.