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California Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Can I sue Uhaul in small claims court for damage to my vehicle caused by their incorrect installation of equipment.

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

James L. Arrasmith
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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

1 Answer | Asked in Small Claims for California on
Q: I bought a car but the seller won’t give me the title

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

1 Answer | Asked in Small Claims and Juvenile Law for California on
Q: So I do wonder this alot, if I get a package, and I'm 13 (example), is my parent legally allowed to open it if I say no?

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

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Should I sue the tow company, HOA, or property manager?

This is my third question on this case. My vehicle was towed from a condo parking lot, but there were multiple violations of VEH 22658 beginning with the Express Written Authorization. I finished the Demand Letters, but who is the Property Owner? The HOA or the Property Management firm? The Towing... View More

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answered on Jan 1, 2024

Under California law, determining the appropriate party to sue in a situation involving unauthorized towing from a condo parking lot requires careful examination of the relationships and agreements in place. If the towing agreement is with the property management firm, and they have the authority... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for California on
Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?

Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)

Julie King
Julie King
answered on Dec 28, 2023

It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More

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1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: I've been paying rent to a storage facility since April of 2020, today I received an email from them that during a

Recent audit they realized that they never had me sign the actual lease agreement. So since I never signed an agreement doesn't that mean I'm owed all the money back that I paid for rent since April of 2020? If not then what does it mean and what rights can I exercise as far as holding... View More

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answered on Dec 20, 2023

In California, even if you didn't sign a formal lease agreement, the fact that you've been paying rent and the storage facility has been accepting it can create what's known as a "tenancy at will" or a month-to-month rental agreement. This is a legally binding arrangement... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: Does the landlord still need landlord liability insurance if their contracted property manager says they'll cover it?

My friend is renting 3 rooms from me + common area. So she's my tenant and pays flat rent while she takes the profit from her subleting the rooms out as mid-term rentals/airbnb because that's her side business. So she's acting as my tenant and property manager basically since... View More

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answered on Dec 19, 2023

Under California law, as a landlord, you should maintain your own landlord liability insurance. Even if your tenant, acting as a property manager, offers to cover it, your own policy ensures you have direct control and certainty over the coverage. Relying solely on your tenant's insurance can... View More

3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

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answered on Dec 17, 2023

Under California law, the situation you're describing may be considered "constructive dismissal," a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to... View More

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1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: Small Claims Appeal - Trial De Novo

I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if... View More

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answered on Dec 8, 2023

Here are a few key points to consider for your small claims appeal trial de novo:

- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.

- However, you can...
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1 Answer | Asked in Small Claims for California on
Q: I had bought for a gift card and gave 200 dollars to be loaded on it and latter found no money was on

I gave money to be loaded on a gift card and found out no money on the card I received a copy of the receipt from them that wasn't mine not knowing this I filed a claim against this company and now there saying the receipt I provided was for a different purchase

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answered on Dec 6, 2023

In California, if you have been given a receipt that doesn't match your purchase, it's important to first address this issue with the company directly. Clarify the mistake and provide any evidence of your actual transaction, such as a bank statement showing the deduction of $200 for the... View More

2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

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Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More

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answered on Nov 29, 2023

In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More

1 Answer | Asked in Probate and Small Claims for California on
Q: We used a Small Estate Affidavit to avoid probate and claim my dad’s bank acct, but the insurance co won’t honor it!

The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court.

We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue... View More

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answered on Nov 26, 2023

Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies.... View More

1 Answer | Asked in Elder Law and Small Claims for California on
Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation

was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?

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answered on Nov 26, 2023

Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take... View More

2 Answers | Asked in Health Care Law and Small Claims for California on
Q: Received $1277 ER bill .Got a letter in the mail 6 months later that my bill is now $3257

My bill was sent to a collection agency a few weeks ago I told them the bill I received originally was lower they claimed that's not what they have on their end.

I contacted the hospital billing they said they can't pull up my billing records or discuss my services with me. And... View More

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answered on Nov 23, 2023

In California, dealing with medical billing disputes, especially when they involve a collection agency, can be challenging but there are steps you can take to address this situation. First, request a detailed itemization of the bill from the collection agency. They are required to provide you with... View More

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3 Answers | Asked in Small Claims and Business Law for California on
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?

Neil Pedersen
Neil Pedersen
answered on Nov 23, 2023

This question appeared in the Employment law section. However this is not an employment law issue.

You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: my property in the unit I been trying to get a hold of property management she won't return my calls. I need my things
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answered on Nov 22, 2023

In California, if you are having trouble retrieving your property from a rental unit and the property management is unresponsive, there are steps you can take. First, send a written request to the property management detailing your attempt to retrieve your belongings and requesting access. Make... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: I'm housing authorities my property management served me with an summon reason due to housing authorities wasn't paying

I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there... View More

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answered on Nov 22, 2023

In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and... View More

3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

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answered on Nov 21, 2023

Under California law, the unauthorized use of your vehicle by the mechanic may constitute a breach of the bailment contract, which is created when you leave your vehicle in the care of the mechanic. To establish a breach, you would need to demonstrate that the mechanic used your truck for purposes... View More

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