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California Small Claims Questions & Answers
2 Answers | Asked in Criminal Law, Civil Litigation, Collections and Small Claims for California on
Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 12, 2021

You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Hi, are their statues of limitation on debt? A debt I was told I paid off is now claiming I owe 10 years later.

My school contacted me in 2019 about an outstanding debt, claiming one of my Grant's was refused after I graduated and paid off my loan. But I graduated in 2009. So they are informing me very late. I chose to ignore them and just now I have recieved and email saying if I dont settle my debt,... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 12, 2021

call and speak to one of us. we will need to review the documents and emails as well as your facts in detail to better assist you with this issue.

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2 Answers | Asked in Banking, Civil Rights, Probate and Small Claims for California on
Q: If I transfer money into my boyfriends bank account, and then use that money, is it considered a gift from him in court?

The amount was $300 and I used it the same day I transferred it. I bought myself something with that money and now he is trying to say the item is his since the money (did not originally) came out of his bank account.

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2021

The answer is "it depends." Much more information is needed.

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2 Answers | Asked in Criminal Law and Small Claims for California on
Q: Is it legal for rental service to hold your belongings if you owe them money?

They came and towed her rental car with her stuff her daughters and new born baby. They will not give her her stuff until fees are owed. Is this legal?

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

It is probably civil, not criminal.

I am not a civil attorney, but I think that they cannot hold the property.

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Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... Read more »

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2 Answers | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

did you pay anything? was this an old girlfriend?

you can claim anything and sue for anything.........the outcome is dependent on the facts.

set up an appointment with a local lawyer asap.

she was supposed to give you notice to leave per Unlawful Detainer procedures.

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1 Answer | Asked in Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... Read more »

William John Light
William John Light answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for California on
Q: I pulled out a filling while using a flossing pick and following the directions on the back. Do I have a case?

While flossing my teeth with a flossing pick my floss got caught between my teeth on the way down on what I later found out was a piece of my tooth filling, there was no way of sliding the floss out since it's attached to the pick and when I pulled down to pull the pick out it broke and pulled... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Feb 8, 2021

The previous answer is most likely what happened. You could sue either but I don't think you would get any attorneys to help. Call some and discuss it if you feel strongly but if the first 3 tell you that they can't help then you most likely will have to do it on your own. You will need a... Read more »

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1 Answer | Asked in Banking and Small Claims for California on
Q: I need the opinion of a lawyer, please. I have a picture of a will, and I need to know if its real or not?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

IMO you need the original will. BTW this is Probate not Banking.

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: What are my rights or next steps I should take if the owner of the kitchen I am renting refuse to return my equipment?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Your equipment? You own it. Unless you attached it to the walls/floors, it is yours to do with what you please. Sue owner in Small Claims for value of the property he is keeping. It is called "Conversion." Go to small claims.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is this False Advertising?

I requested dirt dumpsters from Republic Service. It is ~$500 per bin. The contract also mentioned the limit is 2 tons. Extra tonnage is $130/ton. I did not pay attention to the limit because I thought if this dumpster was for dirt, if I filled up, it should be around 2 tons. But when I received... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Feb 4, 2021

No

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Phone call recording and witness statement evidence in small claims court?

I am a defendant on small claims. I recently had a phone call with the plaintiff(former housemate). I wanted to record the call for my records, so I let him know the start of the call about (but not anytime before the call). He did not decline to talk to me after learning this. At the end of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

First, if you notify the other party, the recording is not unlawful, in most circumstances. In small claims there is no pre-trial discovery, so you do not need to provide him a copy of the sound recording. I would anticipate difficulty in getting the judge to allow you to use the recording, so... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Small Claims for California on
Q: A guard at a hotel got me kicked out,also used profanity and went into my room while my friend was inside,without ask

The guard said he was going to get my deposit taken and me kicked out the room. The hotel also,on three occasions tried to take the deposit without informing me. Management will not speak to me,concerning my qualms.

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

Sue the hotel in small claims. Limit is $10,000.00.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Animal / Dog Law, Medical Malpractice and Small Claims for California on
Q: Hi I had taking my female mix labrore. retreiver in for xrays and asonicgram soon as I got their they came out with gu

By law Ithe vets cant keep me from being with my pet at they exam yeah well the did and they did not want to give her back and called police on me his my witness he was shocked how they treated me and was very worry about me driving home

Wen he realised they just killed my dog and by law... Read more »

William John Light
William John Light answered on Dec 21, 2020

I've never heard of the law that says that you cannot be excluded while the vet is examining your dog. As far as the ashes, if you paid for them, and are otherwise current in your account with the vet, you are entitled to your property. This would be a Small Claims case as the ashes are... Read more »

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3 Answers | Asked in Small Claims for California on
Q: We left a passport in Nevada hotel.They shredded it after 30 days.This is going to cost my vacation 5000$Can I sue

We left our passport in a Nevada hotel,

We called them and they said they have it and gave us an Item number and we said we would come within 7 days and we came within 5.

Come to find out they shredded our passport and said it’s policy for 30 days.

We heard that it’s a... Read more »

William John Light
William John Light answered on Dec 19, 2020

You can get a replacement passport. There are expedited services available to get one same day. As a result, your damages are zero, even if the hotel had a duty to preserve your property.

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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Would it be theft if somebody wants to report a stolen vehicle after not giving a deadline to pay?

I have everything in writing and there's nowhere at the time i was handed over the vehicle that said I have to pay at a certain time and date. I have already given the guy $1200, $500 the night we made a deal where he'd let me pay him $2000 in installments, $200 like 3 days later when he... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 17, 2020

MORE INFO NEEDED.

IT WOULD PROBABLY BE A CRIME FOR THE FATHER TO REPORT STOLEN KNOWING SON SOLD TO YOU.

HOPEFULLY, YOU HAVE PAPERWORK TO SUPPORT SALE...TRANSFER OF TITLE ETC

IT WOULD BE CIVIL IN ALL LIKELIHOOD AND HE WOULD SUE IN SMALL CLAIMS.

HOPEFULLY, YOU HAVE...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: I'm in a dispute with an affiliate marketing trainer for lack of delivery on what was promised.

Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.

1 Answer | Asked in Small Claims for California on
Q: which person is liable in this situation

an item was sold to a friend with written agreement that he would pay an amount for it on a certain date. he agreed to buy the item in the current condition it was in. come the date of payment, he says that he had to hire someone to clean the item and that i am to pay for it. i have not received... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The buyer is responsible to pay according to the terms of the written agreement. I assume his "agreement" to take the item "as is" was in the written agreement. Even if not, he does not have much to say if the need for cleaning was obvious from a visual inspection, versus... Read more »

1 Answer | Asked in Small Claims for California on
Q: CA: put down payment to purchase puppy w/o contract. Changed mind, can I get money back?

Placed $2000 down-payment for them to hold puppy w/o contract. Puppy is ready to be picked up this week but told them need a little more time, they said they are going to sell puppy and I lose the deposit. Is this allowed in California?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The law abhors a forfeiture. But, you put up $2000 without any kind of written agreement? Apparently it was not very important to you to secure your rights to that money if the deal fell through. They cannot keep the money, particularly if they sell the dog to someone else. Small claims is... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for California on
Q: Can the previous owner of a cat take it away after 4 years of abandonment?

I have my cat who I took over care of for when my grandmother died four years ago. Previous to that it was bought for my cousin as a kitten. My cousin left him behind when he moved out of our grandmother's house. Two years later my grandmother died and I moved into the house to take care of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

This meth addict is taking you to court so he can keep a cat? And his primary witnesses are meth addicts? You might consider getting a restraining order against them for domestic violence in the form of threats. You can choose your friends but you cannot choose your family.

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