Q: Want to take ex-brother-in-law to small claims for breaking a verbal agreement he made to me under false pretenses.
3/24/23, my ex brother in law (EX) asked me to come down from Portland, OR to San Jose, CA to care for my 17 year old nephew M. M had tried to commit suicide in Oct/2022 so I was very concerned about his mental state. Ex said M was smoking pot and drinking and he needed help. Ex said he'd pay for my living expenses until summer when M could go to Portland with me. M has lived with EX for most of his life. My sister was living 40 min north of M's school and worked 90 min north of his school. EX never talked to my sister about M living with her. Ex never told her about my agreement with him. When I picked up M at Ex's house, it was obvious Ex was kicking him out and didn't want him back. Two days after Ex kicked him out, he called M to say he was donating his things. M couldn't get to school without me living there. Due to this, I broke my lease in Portland, got movers and moved everything into storage. This cost $7K. Ex refuses to pay anything to me. Ex is a family law specialist.
A:
Under California law, verbal agreements can be legally binding, but proving the terms and the existence of the agreement can be challenging. In your case, the agreement with your ex-brother-in-law to pay for your living expenses in exchange for caring for your nephew falls within the realm of enforceable contracts, provided you can demonstrate the terms and his commitment.
When preparing for small claims court, gather any evidence of the agreement and its terms. This might include text messages, emails, witnesses, or any other documentation that supports your claim. Even without a written contract, consistent actions in line with the agreement's terms can serve as evidence.
Be aware that in small claims court, the maximum amount you can sue for is $10,000 as an individual. Given your incurred costs of $7,000, this falls within the jurisdiction of small claims. However, remember that winning a judgment and collecting the money are two different matters, especially considering your ex-brother-in-law's background in family law.
It's also worth considering mediation as an option before going to court. Mediation can be a less adversarial and more cost-effective way of resolving disputes, particularly in family-related matters.
Lastly, while you have legal expertise, handling personal legal matters can be emotionally challenging. Consider consulting with another attorney for an objective perspective and to ensure all legal angles are covered.
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