California Small Claims Questions & Answers
Q: Hi, I am from China. A US digital marketing company provides online service to us, but they are really inefficient.
1 Answer
| Asked
in
Business Law, Consumer Law and Small Claims
for
California
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?
Kelli Y Allen's answer
Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.
Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.
Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?
3 Answers
| Asked
in
Consumer Law, Lemon Law, Products Liability and Small Claims
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
William John Light's answer
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
Q: Can I sue a dealership for clearing trouble codes without actually addressing or repairing any of the issues that set?
Scott Richard Kaufman's answer
Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?
Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?
Q: If I live in a house with someone who lost a lawsuit and owes a huge debt if they raid his house can they take my stuff
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Small Claims
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
The short answer is no. You haven't said whether his business was sued or if your wife's grandfather was sued personally. In either event, his creditors cannot satisfy a judgment against anyone but the named defendant against whom they won the judgment, out of his or the judgment debtor's property.
The short answer is no. You haven't said whether his business was sued or if your wife's grandfather was sued personally. In either event, his creditors cannot satisfy a judgment against anyone but the named defendant against whom they won the judgment, out of his or the judgment debtor's property.
Q: car dealers lied to me, what can I do?
4 Answers
| Asked
in
Car Accidents, Consumer Law and Small Claims
for
California
on
Answered on Mar 4, 2019
Answered on Mar 4, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a stomach ache, can you cure me and what will it cost?
However, it is always a good idea to contact a local attorney proximate to the court to which you would appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an LA case.
Most DUI and PI lawyers will...
More info is needed to properly evaluate your case.
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a stomach ache, can you cure me and what will it cost?
However, it is always a good idea to contact a local attorney proximate to the court to which you would appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an LA case.
Most DUI and PI lawyers will...
Q: Can I make a small claim on a used car fraud?
4 Answers
| Asked
in
Car Accidents, Consumer Law and Small Claims
for
California
on
Answered on Mar 3, 2019
Answered on Mar 3, 2019
Dale S. Gribow's answer
yes, you can make small claims complaint and you can also contact local police.
they will probably say it is civil but you would argue it is fraud.
you can also contact your legislative members for assistance if the police won't assist you........including city council, congressman, state electeds etc.
you can also complain on Yelp
yes, you can make small claims complaint and you can also contact local police.
they will probably say it is civil but you would argue it is fraud.
you can also contact your legislative members for assistance if the police won't assist you........including city council, congressman, state electeds etc.
you can also complain on Yelp
Q: Can a business who is limited to sue in small claims court for only $5,000 sue for $10,000 in California?
1 Answer
| Asked
in
Contracts, Real Estate Law and Small Claims
for
California
on
Answered on Mar 2, 2019
Answered on Mar 2, 2019
Thomas A. Grossman's answer
In California an individual can sue for up to $10,000 on a personal matter, but is limited to $5,000 on a business matter. You can learn a lot more by using the internet to find the Small Claims Court in the County where you live; logging in to their website, and reviewing the information on Small Claims Court.
In California an individual can sue for up to $10,000 on a personal matter, but is limited to $5,000 on a business matter. You can learn a lot more by using the internet to find the Small Claims Court in the County where you live; logging in to their website, and reviewing the information on Small Claims Court.
Q: If my car gets broken into and my friends laptop gets stolen who is responsible for replacing it?
2 Answers
| Asked
in
Criminal Law, Products Liability and Small Claims
for
California
on
Answered on Feb 26, 2019
Answered on Feb 26, 2019
Dale S. Gribow's answer
more info needed.
with the little shared it seems it would be his loss as you allegedly did nothing wrong......though auto ins might cover it.
more info needed.
with the little shared it seems it would be his loss as you allegedly did nothing wrong......though auto ins might cover it.
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged
Dale S. Gribow's answer
more info needed but anyone can sue for anything at any time.
the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.
my suggestion is save your money..
more info needed but anyone can sue for anything at any time.
the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.
my suggestion is save your money..
Q: I am the defendant in a case where the original judge took a matter under submission.
1 Answer
| Asked
in
Contracts, Real Estate Law, Municipal Law and Small Claims
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
Q: I have only a verbal agreement with my landlord whom I rent 2 bedroom from for the last 4 years we have have made
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.
1 Answer
| Asked
in
Products Liability, Lemon Law and Small Claims
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Scott Richard Kaufman's answer
Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.
Failing this, take ALL of your evidence to small claims court and sue GM for the cost
of the repair.
Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.
Failing this, take ALL of your evidence to small claims court and sue GM for the cost
of the repair.
Q: in california how long do i have to sue a woman who rescued, (stole) my sons christmas puppy after he went astray.
William John Light's answer
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
Q: My mother in law gave our family dog away while she was supposed to be watching it for us. What are our rights?
William John Light's answer
If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.
In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours,...
If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.
In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours,...
Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?
William John Light's answer
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
Q: Small Claims. Can I sue at fault driver's insurance company for denying my claim, or do I sue driver?
2 Answers
| Asked
in
Personal Injury, Car Accidents and Small Claims
for
California
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Q: Can an ins. co void our policy because I didn't include room mates in "household members"?
William John Light's answer
No one can answer without reading the policy, the lease agreement, the traffic collision report, and knowing the dates that the room mates began living with you.
No one can answer without reading the policy, the lease agreement, the traffic collision report, and knowing the dates that the room mates began living with you.
Q: IAM homeless &my dog got hit by a car. A woman came next day &offered to help.now she saying I'm not getting him back
William John Light's answer
Sue the woman and shelter in Small Claims for fraud and for an Order for return of the dog. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)
Order on Request for Court Order;...
Sue the woman and shelter in Small Claims for fraud and for an Order for return of the dog. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)
Order on Request for Court Order;...
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