I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.
The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is... View More 
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answered on Jan 30, 2024
In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.... View More
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... View More
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answered on Jan 30, 2024
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... View More
My boyfriend was also wrongfully terminated the next day. We have not had access to our unit. Now I went last night followed a tentent in the facility. On our unit there is a notice of termination of lease and to vacant the property by 02/02/2024 when rent is due again. That gives us 4 days . If I... View More
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answered on Jan 29, 2024
Under California law, tenants have specific rights, especially regarding eviction and access to their rented property. If you have been denied access to your unit and received a notice of termination, it's crucial to understand these rights.
First, the landlord must provide a valid... View More
Paying rent out of that salary. And working 24 hours a day. I was responsible for whatever went on in that house no matter what day or hour. I was getting paid for 8 hours a day in 6 hours on the weekend. I was responsible for being there everyday with no days off. No holidays. No weekends no... View More
answered on Jan 29, 2024
There are significant details left out of your post that would need to be explored, but based on your post it is very likely you were not treated lawfully. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and... View More
A friend asked to borrow my car to run to Walmart, I said sure assuming it was a 1-2 hour errand. I never physically handed them the keys; they took them from the counter and left. The next morning, they were not back with the car, and I called them to immediately request the car back. At this... View More
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answered on Jan 29, 2024
Based on the details provided, there could potentially be a few issues here legally:
1. Failure to return borrowed property (the car) in a timely manner - Your friend agreed to borrow the car for an errand, which implies a short duration. By keeping it for 3 days without permission after... View More
I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More
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answered on Jan 28, 2024
In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed... View More
And also how would one categorize a pro tem judge that has a double tongue as well as declaring events that never took place. 1. the judge in open court said that we were awarded the full amount
After the judge asked the defendant did they want to make a deal before she rules the defendant... View More
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answered on Jan 27, 2024
In California small claims court, attorneys are generally not permitted to represent parties during the initial hearing. Both plaintiffs and defendants usually represent themselves. However, attorneys can be involved in certain aspects of the case, like providing advice before the hearing.... View More
If I do decide to sell it, I, the seller, must disclose the fact that the warranty of the vehicle will be voided to the buyer. However I made a transaction to sell it within the 6 months and did not disclose that fact. The buyer is now asking for their money back, but I do not have it anymore. Is... View More
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answered on Jan 26, 2024
In California, failing to disclose information that affects the value or desirability of a vehicle, especially when contractually obligated, can lead to legal complications. Since you signed a document agreeing not to resell the car for 6 months and to disclose the warranty void if you did,... View More
My vehicle was parked in a parking lot, It had suffered a short and died. I pulled off the street Into the lot From there, it was illegally towed. Clearly there were no signs. It was not a private residence, I was not blocking anything my car had only been parked there for a little while.. The... View More
answered on Jan 22, 2024
Interesting question. More information is needed (as in were you a customer of the business the parking lot was attached to? If you were not, where did you go instead? And how clear would it be to a reasonable person the lot was for customers only? And who called the tow company or were they... View More
my old friend borrowed my switch which i said he could until he finished the game. he let his daughter play on it but then i later found out he ended up selling my nintendo switch to buy alcohol (he’s known for being an alcoholic within his family/friends). i got that switch for $250 and owned... View More
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answered on Jan 21, 2024
Under California law, the unauthorized sale of property that has been entrusted to someone else for a specific purpose can potentially be considered theft. In your case, since you lent the Nintendo Switch to your friend with the understanding that it would be returned after use, and instead he sold... View More
I have a small claim hearing after two days, can you give me some suggestions? I will appreciate it. Such as: How can I prepare statement and evidences? Since the defendant is an attorney that’ll be a unfair fighting. I don’t owe him any money but he extorted me huge money and has been holding... View More
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answered on Jan 20, 2024
For your upcoming small claims hearing, it's important to prepare thoroughly. Start by gathering all relevant evidence such as emails, contracts, receipts, or any written communication that supports your case. Organize these documents chronologically to present a clear timeline of events.... View More
I became ill and backed out of the application and they refunded me the holding fee but then turned around and put a stop payment on it. I can't find anywhere on their application site when it says once approved I forfeit the holding fee and I've been in corresponding with her I told her... View More
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answered on Jan 18, 2024
In this situation, the key issue is whether the holding fee was rightfully yours to keep under the terms of the agreement. If the terms of the holding fee were not clearly defined or if you did not agree to forfeit the fee upon approval, you may have grounds to dispute the stop payment.... View More
Hello long story short I have a credit card with a limit that a wont share, however this credit card company allowed a charge to go through for over three times my limit without even contacting me. They have said that the computer decides what goes through and they cant do anything. I have called... View More
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answered on Jan 16, 2024
In California, if a charge on your credit card is unauthorized and exceeds your credit limit, you have certain rights and protections. First, under the Fair Credit Billing Act (FCBA), you can dispute unauthorized charges on your credit card. You should notify your credit card issuer in writing as... View More
Believe it or not we are currently experiencing hardship and unusual punishment being practiced covertly by a corrupted system that support a multi million dollar non prop management company est.1976.Because we are low-income noobs to the city, disabled, minorities, and City Housing Subsidiary... View More
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answered on Jan 16, 2024
To change venue in California due to concerns about bias or corruption in the lower courts, you would typically file a motion for change of venue based on the grounds of prejudice under California Code of Civil Procedure Section 397. This motion must be supported by substantial evidence indicating... View More
I just found out that the time limit in california to file a motion to a case is six months, the reason why i have not is because first off the clerks in the court informed me i could only file certain form, which took 30days to get a answer or denial of correcting judgement in small claims. I then... View More
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answered on Jan 13, 2024
In California, if the six-month time limit to file a motion in a case has passed, your options may be limited, but there are still steps you can take. Firstly, consider filing a motion for relief from the deadline, known as a motion for relief from judgment or order under California Code of Civil... View More
For all negligence types etc.
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answered on Jan 10, 2024
In California, commissioners, judges, and magistrates generally have judicial immunity, which means they cannot be sued for acts performed in their judicial capacity. This immunity extends to decisions they make and actions they take while performing their judicial duties. It's designed to... View More
i left my bags in my room and did not make it back in time for check out , 1 week later i go to the lobby and give them my i.d they went to the back got my bags and 11 months later i get pulled over walking the cop runs my name says im good to go that being the 8 time in 1 yr always the same thing... View More
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answered on Jan 7, 2024
In California, you may have grounds to sue Best Western if you can establish that their actions led to your wrongful arrest and subsequent damages. This could potentially be a case of false arrest or wrongful imprisonment, where you would need to prove that Best Western acted negligently or... View More
Uhaul installed a 7pin receiver on my truck (used to connect the lights on the truck to the lights on my trailer). The 7pin was installed in the wrong place on the bumper of my truck. As a result some components of my trailer were damaged. If I can prove the damage was caused by the incorrect... View More
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answered on Jan 5, 2024
Under California law, you may have the option to sue U-Haul in small claims court for damages to your vehicle caused by their incorrect installation of equipment. If the installation of the 7-pin receiver on your truck was indeed done improperly by U-Haul, leading to damage to your trailer, you... View More
I purchased a car off of Cars and Bids in Novemeber 2022. When I purchased it, it was still under a loan, so I wired money to the selller and he paid it off. He said he was waiting to receive the title before he could transfer it to me. I kept asking him about it and he said he never received it,... View More
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answered on Jan 4, 2024
In your situation, where the seller of a vehicle is unresponsive and you're unable to obtain the title, you have a few options under California law. Firstly, it's important to gather all the documentation you have related to the purchase, including proof of payment, communication with the... View More
My mom is saying that because she is my gaurdian, and that I am a child (13), she can open my mail if she wants to. She says this is because I do not have the mental capacity to be able to give consent, and that she can legally open my mail without my knowing, even if I have explicitly said no and... View More
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answered on Jan 1, 2024
Under California law, the situation is nuanced when it comes to a parent opening a child's mail. Generally, parents are responsible for their children and have broad authority to manage their affairs, especially if they believe it's in the child's best interest. However, federal... View More
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