California Small Claims Questions & Answers
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
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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;...
Q: We have been dog-sitting for more than 3 months for someone who moved out of state. Do we have ownership of it now?
1 Answer
| Asked
in
Adoption, Animal / Dog Law and Small Claims
for
California
on
Answered on Oct 27, 2018
Answered on Oct 27, 2018
William John Light's answer
No, you don't have ownership of it, and evidence of the owner's poor care of the dog doesn't make you an owner. If the dog has been abandoned, you should notify the owner in writing that you will either assume ownership of it, or surrender it to Animal Control if not picked up by a specified date.
You do have a lien on the dog for the value the veterinary expenses you have paid to date, plus the additional daily kenneling fees beyond the term that you originally agreed to keep the dog....
No, you don't have ownership of it, and evidence of the owner's poor care of the dog doesn't make you an owner. If the dog has been abandoned, you should notify the owner in writing that you will either assume ownership of it, or surrender it to Animal Control if not picked up by a specified date.
You do have a lien on the dog for the value the veterinary expenses you have paid to date, plus the additional daily kenneling fees beyond the term that you originally agreed to keep the dog....
Q: What can I do to get my money back from a furniture store that refuses to deliver the goods I paid cash? Thank you
1 Answer
| Asked
in
Consumer Law, Contracts and Small Claims
for
California
on
Answered on Oct 21, 2018
Answered on Oct 21, 2018
William John Light's answer
Small Claims against the store and, potentially, against the owner individually since the owner made false representations to you.
Small Claims against the store and, potentially, against the owner individually since the owner made false representations to you.
Q: My deceased father's belongings are in buildings that he rented for years. Landlord won't give them to me. He owes rent.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Small Claims
for
California
on
Answered on Oct 14, 2018
Answered on Oct 14, 2018
N. Munro Merrick's answer
Pay the rent owed. The landlord must keep the items safe and may move them into storage at your expense. After a period of time if you do not repossess them, he make auction them off, deduct his rent, and pay you the balance.
Pay the rent owed. The landlord must keep the items safe and may move them into storage at your expense. After a period of time if you do not repossess them, he make auction them off, deduct his rent, and pay you the balance.
Q: I was helped at a mental health hospital but i was discriminated and instigated at a previous clinic.
1 Answer
| Asked
in
Civil Rights, Consumer Law, Health Care Law and Small Claims
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
Louis George Fazzi's answer
You need to post this for Florida lawyers. I am in California and can't advise you.
You need to post this for Florida lawyers. I am in California and can't advise you.
Q: A plumber replaced water heater, but cut the Pipe Bollard, exposing the heater to vehicle damage. Recourse?
William John Light's answer
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
Q: I live in California and the defendant lives in New Jersey, the defendant owes me money ($500) since October 2015, in
N. Munro Merrick's answer
Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.
You stated as fact an opinion that is not. You may file a claim any where in the U.S. by mail in any court with the proper jurisdiction. I have experienced N.J. court personnel dealing with an...
Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.
You stated as fact an opinion that is not. You may file a claim any where in the U.S. by mail in any court with the proper jurisdiction. I have experienced N.J. court personnel dealing with an...
Q: Is it worth it to file in small claims court to recover security deposit?
T. J. Jesky's answer
At this point, you do not have many options. Before you take them to Small Claims Court, send them a certified letter (return receipt) requesting your refund and letting them know that you plan to take legal action by a certain date, if they do not refund your deposit. You now have additional evidence for the Small Claims Court. If they fail to respond by the date specified, file a Claim.
At this point, you do not have many options. Before you take them to Small Claims Court, send them a certified letter (return receipt) requesting your refund and letting them know that you plan to take legal action by a certain date, if they do not refund your deposit. You now have additional evidence for the Small Claims Court. If they fail to respond by the date specified, file a Claim.
Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do
1 Answer
| Asked
in
Collections, Small Claims, Consumer Law and Business Formation
for
California
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Vernon Charles Tucker's answer
If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.
However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an "Alter Ego" of the old corporation. This may open other doors that could apply pressure to judgment debtor if they are one in the same.
I would look at the amount of the judgment, and see whether...
If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.
However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an "Alter Ego" of the old corporation. This may open other doors that could apply pressure to judgment debtor if they are one in the same.
I would look at the amount of the judgment, and see whether...
Q: Hello, I am inquiring about my legal options in regards to an incident that occurred with my 8 year old daughter.
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Juvenile Law and Small Claims
for
California
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Louis George Fazzi's answer
You need to contact a lawyer who has expertise in cyberlaw. There may also be an issue with child porn if the person made sexual references regarding your young daughter. Perhaps a phone call to your local FBI office might be useful to help sort out all the issues with your unfortunate experience.
Timing is critical. Don't waste any time notifying the proper authorities due to the sensitive nature of these issues, or in getting sound legal advice from an attorney with experience in...
You need to contact a lawyer who has expertise in cyberlaw. There may also be an issue with child porn if the person made sexual references regarding your young daughter. Perhaps a phone call to your local FBI office might be useful to help sort out all the issues with your unfortunate experience.
Timing is critical. Don't waste any time notifying the proper authorities due to the sensitive nature of these issues, or in getting sound legal advice from an attorney with experience in...
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