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California Small Claims Questions & Answers
2 Answers | Asked in Consumer Law and Small Claims for California on
Q: Can I file a small claim for denied warranty coverage & $2700 refund?

I bought a new car at Toyota Irvine with an extended warranty under Auto Nation. In 2024, my vehicle's hybrid battery broke, which should have been covered by the warranty. Both the Ontario and Irvine dealerships claimed they couldn't find my warranty, and I ended up paying $900 out of... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

Absurd! Absent it being a USED car with HIGH mileage, a 2024 should be easily covered by warranty. Since it is lemon law you MAY be able to get counsel and force TOYOTA to pay your

atty.

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1 Answer | Asked in Business Law, Civil Litigation, Small Claims and Contracts for California on
Q: Who should I pursue in small claims court for Airbnb vandalism damages?

I had a guest at my Airbnb in California who brought unauthorized guests that caused over $10,000 in damages, vandalism, and stole property. The perpetrators filmed themselves for a skateboarding magazine and posted a monetized video on YouTube showing them vandalizing my property. The damage... View More

James L. Arrasmith
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answered on Mar 5, 2025

You should pursue both the registered Airbnb guest and their friends who caused the damage in California small claims court. The registered guest bears responsibility since they brought unauthorized visitors, and their message admission strengthens your case substantially. The friends who directly... View More

1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Consumer Law for California on
Q: Sued for alleged drone damage, privacy defense?

I am being sued for over $10,000 in small claims court in Los Angeles County by a contractor who claims I damaged his drone with a BB gun. The drone, worth approximately $500, was allegedly downed while he was filming telephone poles over my backyard without my consent. He texted a photo of an... View More

James L. Arrasmith
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answered on Mar 5, 2025

You have several strong defense arguments for this small claims case. The contractor appears to lack proper documentation, as the authorization letter doesn't specifically name him or his company, which undermines his legal right to fly over your property. The excessive claim amount ($10,000... View More

1 Answer | Asked in Traffic Tickets and Small Claims for California on
Q: Received VC 40505 notice for speeding. Next steps?

I received a 'Notice of Correction and Proof of Service' related to VC 40505 for a speeding violation. I was traveling at 60 MPH with the flow of traffic. In the past six months, I've had an accident and two other speeding tickets, for which I've requested reduced fines due to... View More

James L. Arrasmith
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answered on Mar 5, 2025

Your situation with the VC 40505 notice requires prompt attention, especially considering your recent driving history. This notice is essentially informing you that a correction was made to your original speeding citation, and you now need to respond to the updated information.

Given that...
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1 Answer | Asked in Small Claims for California on
Q: How can I enforce a $1500 small claims judgment in CA?

I won a small claims judgment of $1500 against a master tenant in California who took my security deposit. It's been 4 months, and he has not paid nor responded to my communications. I filed for a debtor's examination, but he has evaded service three times, costing me $225. I have his... View More

James L. Arrasmith
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answered on Feb 27, 2025

Since the debtor is evading service, you might consider requesting alternative service methods from the court, such as posting at their residence or workplace, or sending via certified mail. Once you complete the debtor's examination, you'll have more information about their assets and... View More

1 Answer | Asked in Landlord - Tenant, Small Claims and Contracts for California on
Q: Can I cash a security deposit cheque without affecting a small claims case in California?

I rented an apartment in Beverly Hills for 1.5 years with a security deposit of $2,900. Upon moving out, the owner deducted $200 for cleaning and $800 for painting, leaving me with $1,900. We dispute the $800 painting charge as we have video proof showing no damage to the property; however, the... View More

James L. Arrasmith
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answered on Feb 20, 2025

Based on California law, you can cash the security deposit check without impacting your small claims case, as long as you document that you're disputing the remaining amount. The check's notation about "accepting the amount" doesn't legally prevent you from pursuing the... View More

2 Answers | Asked in Small Claims, Consumer Law and Lemon Law for California on
Q: Can I sue a car dealer in California for persistent engine issues under warranty?

I purchased a car for $5,000 with a 90-day warranty from a dealer, and within a month, the check engine light kept coming on. I've taken the car back to the dealer over four times for repairs, but the issue persists. The warranty covers engine issues, but the dealer refuses to provide receipts... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

IF you have a warranty and they cannot fix under warranty, you have a decent claim, likely. You may wish to take it to another shop for an estimate/inspection, just to lock this down, since they are not doing the job...

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1 Answer | Asked in Small Claims, Consumer Law and Civil Litigation for California on
Q: Can I file a Small Claims case for an incorrectly installed AC unit I discovered 5 years later?

In April 2019, a company installed an air conditioning unit in my house. I paid for a 16 SEER condenser unit, but I recently discovered during maintenance in December 2024 that they installed a 14 SEER condenser unit instead. I understand that California has a statute of limitations of 4 years, but... View More

James L. Arrasmith
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answered on Feb 20, 2025

Your case might have merit under California's Delayed Discovery rule, which could extend the typical 4-year statute of limitations since you only discovered the issue during maintenance in December 2024. This rule often applies when someone couldn't reasonably have known about the problem... View More

2 Answers | Asked in Lemon Law and Small Claims for California on
Q: Should I take Honda to small claims court over $4100 car repair warranty issue?

I have an ongoing issue with my vehicle that started when I had 9 months remaining on the factory warranty. Due to the unavailability of a loaner vehicle, the repair could not be completed. I reported the issue first in March 2024 and followed up in July 2024. The warranty expired in December 2024,... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

You should do what feels right. IF it were me I'd meet Honda in the middle and take 90% but it is NOT me, it's you. Good luck with it.

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2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

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1 Answer | Asked in Uncategorized and Small Claims for California on
Q: Do I have a case for a car i bought from 3rd party who misrepresented that the vehicle was good

I called her the next day to tell her about a noise and I've been trying to give it back and she just been being to me about alot

James L. Arrasmith
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answered on Feb 15, 2025

You may have a legal case under California's consumer protection laws, particularly if the seller knowingly misrepresented the vehicle's condition. California law requires sellers to disclose known material defects that could affect safety or value.

Documentation will be crucial...
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3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: I was never served. I dont know if Plaintiff has moved for a default or not. I need to find out. How much will this cost

I like to move to set aside default if that have. How much will this cost me? I’m looking for an attorney in Riverside County.

James L. Arrasmith
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answered on Feb 15, 2025

You can check whether a default has been entered by searching your case on the Riverside County Superior Court's website or by calling the court clerk's office. The case number should be on any documents you may have received about the lawsuit. If you haven't received any documents,... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Small Claims for California on
Q: How do I get my money back that was confiscated during an arrest that was dismissed at trial?

I was wrongfully arrested and taken to jail at which time I bonded out and continued to fight my case on the outside. I ended up taking the case to trial and after my lawyer demolished the officer on the stand and ultimately got my case thrown out of court I have yet to receive the property taken... View More

James L. Arrasmith
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answered on Feb 15, 2025

Here's how you can recover your confiscated money after your case dismissal:

First, contact the law enforcement agency that initially seized your property and submit a formal request for its return. You'll need to provide your property receipt, case dismissal documentation, and...
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1 Answer | Asked in Business Law, Collections and Small Claims for California on
Q: Can the tow agency keep my vehicle forever?

January of 2024 my vehicle was stolen from my driveway. Two weeks later the car was located by CHP who had it towed and stored. I was unable to get the car out of the tow yard due to the cost which quickly got out of hand.

After a few months I received notice from DMV that the tow... View More

James L. Arrasmith
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answered on Jan 28, 2025

When your car was towed and stored by the agency, they accrued charges for towing and storage fees, which led to the judgment against you for the money owed. However, winning a monetary judgment in small claims court doesn’t automatically give the tow yard ownership of your vehicle unless... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can collection fee to be added to small claim complaint ?

I filed a small claim against my formal tenant for repair cost, storage fee, and etc beyond deposit after the tenant was evicted. I have default money judgment, which was sent to collection agency as tenant refused to pay the judgment. Can I add the collection fee to my small claim?

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answered on Jan 26, 2025

Adding collection fees to your small claims case depends on the terms of the original agreement with your tenant. If your rental agreement explicitly allowed for the recovery of collection fees in the event of nonpayment, you may have a basis to request those fees. However, small claims courts in... View More

1 Answer | Asked in Small Claims for California on
Q: My company and I was served with a SUMMONS from the credit card bank of American Express, what do I do now?

The SUMMONS was delivered on 23 December 2024. The amount of the summons is $9,861.68. I cannot afford an attorney to represent me, what do I do?

James L. Arrasmith
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answered on Jan 17, 2025

You have 30 days from the date of service (December 23, 2024) to file a written response with the court, called an "Answer." This is crucial - if you don't respond within this timeframe, American Express could win by default and get a judgment against you.

The California...
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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Do I have a claim against america. Credit acceptance?

My car was repossessed back in April 2024 and sold in may same year. They applied a credit for that sale of 6000 dollars to the principal balance of 21.000 which it was the total value of the car my balance still almost 17.000 since then and I had my car for about 17 months since I bought it.... View More

James L. Arrasmith
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answered on Jan 16, 2025

Based on your situation, you may have several potential claims against Credit Acceptance. First, under California's Unfair Debt Collection Practices Act and the federal Fair Credit Reporting Act, creditors must accurately report debt amounts and clearly communicate account status changes -... View More

1 Answer | Asked in Small Claims for California on
Q: how to get payed from a small claims judgement , past the 30 days and have not recieved any thing from the other party

no appeal was filed, would like to know what our next step is, this business has made no communication with us.

James L. Arrasmith
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answered on Jan 15, 2025

After winning your small claims judgment in California and waiting beyond the 30-day period without payment, you have several enforcement options available to collect your money.

First, you'll need to get a "Writ of Execution" from the court clerk's office - this is your...
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