Thompson

Quan unsuccessfully sued plaintiff Thompson for damages arising from an automobile collision in the small claims court. The plaintiff Thompson later sued Quan in the municipal court for his damages from the collision, amounting to $191.31 for property damage and an additional $180 for loss of use of his automobile. Plaintiff was denied recovery upon the sole ground that he had not counterclaimed for such items in the small claims court action, and appeals.

If by Code of Civil Procedure, section 117h, the operation of Code of Civil Procedure, section 439 bars counterclaims not asserted in the small claims courts, it is limited to counterclaims “within their jurisdiction.” Plaintiff’s claim exceeds the $150 jurisdiction of that court. Thus it was not mandatory under Code of Civil Procedure, section 439, that he counterclaim. While plaintiff’s claim arises out of the same transaction, it constitutes a separate cause of action, upon which he may bring a separate action. (Todhunter v. Smith (1934), 219 Cal. 690, 694 [ 28 P.2d 916 ].) In that ease, involving the jurisdictional relationships between the municipal and the superior court, it was stated, the one having the cross-demand…