Lawyers, Answer Questions  & Get Points Log In
California Small Claims Questions & Answers
1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Someone is trying to sue me for theft an accomplice with someone else and they have no proof or evidence on me but they
Jennifer Diem-Trang Le
Jennifer Diem-Trang Le answered on Dec 1, 2021

It looks like you submitted the question without completing it. Is this someone you know? Are the police involved? As with any case, complete facts will assist in a thorough analysis of your case and any potential resolutions.

1 Answer | Asked in Small Claims for California on
Q: Is it worth suing for $400
Tim Akpinar
Tim Akpinar answered on Nov 30, 2021

A California attorney could advise best, but your question remains open for two weeks. It's really up to you - an attorney couldn't make a decision for you. Without knowing anything about what your dispute involves, here are some issues that could be worth thinking about in making your... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Can I ask a judge to dismiss a small claims case post-judgment?
Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

Yes. Use a form request for dismissal.

2 Answers | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: What actions do we as tenants take if landlord/management hasn’t handled rodent infestation for over a month and a half?
Louis George Fazzi
Louis George Fazzi answered on Nov 16, 2021

You can contact the Los Angeles County Health Department and report the infestation. They will most likely come out and do an investigation or evaluation and take remedial steps to stop the infestation, because it is a health issue. Then you can inform the landlord of what she should have done.... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How do I dismiss small claims case post-judgment?

I am a plaintiff in a small claims case and I won a default judgment since the defendant never showed up. The issue is I sued the wrong party. What must I do to have the case dismissed? It has been more than 30 days since I received the Notice of Entry of Judgment.

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

You have 2 problems, dismissing the first case and filing a second case against the real party in interest. You can file a form "Request for Dismissal" without prejudice in the first case. Get a copy on the Court's website under "Forms" - State Judicial Council forms. In... Read more »

6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 5, 2021

it is likely past the statute of limitations but an attorney would need to review what you are receiving and get more facts to further advise you.

View More Answers

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Can I take someone to court for not finishing paying a car loan I took out under my name ?””?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 4, 2021

The answer will depend upon what information, evidence and oral or written documentation you have to support your claim for "not finishing paying a car loan". You would want to schedule an initial 30-minute free consultation with an attorney of your choice to discuss the supporting facts... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: Small Claims-Oral Agreement-Breach of Contract..Defendant offered to the plaintiff to put a car in the defendant's name.

Plaintiff paid down payment plus payments for a year believing she would be paying for the car to completion then defendant took the car. Plaintiff is suing for the down plus payments made. Defendant original offer to the plaintiff included 200 dollar payment to the defendant and a belief that it... Read more »

Jonathon Maddox
Jonathon Maddox answered on Nov 1, 2021

There are many issues not explained here. A contract has to have certain specific details, but it doesn't necessarily have to be written if it's only for a few hundred dollars. If the details were properly explained in an oral agreement, then there was a contract. Not having the... Read more »

3 Answers | Asked in Criminal Law, Immigration Law and Small Claims for California on
Q: Lady accusing me of theft and threatening with immigration and police.

I did some work at her house. She didn't want to pay what the price was. Left the work and now she is accusing me of stealing her house deeds.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Anyone may make any type of accusations: the facts are these are just allegations.

She may call the police yet, the police will investigate that matter and in order to charge would need to gather enough evidence for the charges to be approved.

Secondly, calling immigration would...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: if i have warrant can my mother put in the deed to her house?

i live in another state

Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2021

that depends on what the Bail Bondsman wants, to secure your presence in court.

they will look at your record, your job; how much is owed on the house ie how much equity; what you are charged with etc?????

how much is the bail?

call me and I will give you the numbers of...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: My car was impounded aug 10 I went to pick it up aug 17 and they tell me they released it to someone already?

My car was impounded once before for not being registered. I had no issues getting it out.. it’s my fault for not having it registered I understand that 100%. I went to aaa to register it the day after I bought it but they told me I would need to go to the dmv since it was a lien sale but first I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 28, 2021

more info is needed.

you just added new info.......that is why lawyers are reluctant to give advice via internet or phone.

if it was not registered you bear some culpability AND if you got a citation and did NOT notice it was to the wrong person, you have more culpability....
Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Small Claims for California on
Q: This business I have took my money I haven’t hold up their terms could I seek Legal action

I went to the business Luxe Bijoux Llc 5/11/21 and place the order of a charm that was supposed to be delivered by 6/26/21The charm didn’t come in time every since I made my deposit of $6000 I’ve been getting the runaround is it any legal action I can take against this company for breaching the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Sue them. Breach of Contract, Small Claims. Be sure to have the Sheriff serve the complaint on them.

1 Answer | Asked in Small Claims for California on
Q: If I win a small claims case I. California is the burden on me to collect what is owed? This does not makes sense to me.
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Yes, absolutely. Once you win the Small Claims case, the court is done with you unless you have other matters, like an examination of judgment debtor. This falls into the category of "enforcement of judgment" and there are forms to do that, like obtaining an abstract of judgment which... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for California on
Q: Can I sue my home inspector for failing to mention the electrical panel?

I recently purchase a home and hired a home inspector and had the property inspected and decided to move on with the sale. After living in the property for almost a year I hired an electrician, so I could add an outlet for my TV when the contractor saw my panel he refused to work on my property. He... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

The statute of limitations for negligence is 2 years, breach of contract 4 years, but sometimes different periods apply to certain professionals, such as home inspectors. IMO you need to get your electrical problem solved first, and RETAIN THE OLD PANEL AS EVIDENCE. Take lots of photos showing... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for California on
Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?

Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.

James A. Greer
James A. Greer answered on Aug 27, 2021

Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How can I legally get my car from my sister in another state?

Loaned a vehicle under the premise she was going to pay me for it.

Yelena Gurevich
Yelena Gurevich answered on Aug 25, 2021

You will likely need to hire a lawyer in the state your sister lives in and sue her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.