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California Small Claims Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for California on
Q: what can i do to have charges against a roommate who stole $2,200 from my boyfriend and also hired someone to

come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:

1. File a police report detailing the theft and...
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Contracts and Small Claims for California on
Q: Rights of a Plaintiff in Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the Defendant

Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.

The Defendant then filed an appeal on SC-140.

1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More

James L. Arrasmith
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answered on Jun 14, 2024

In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More

1 Answer | Asked in Small Claims for California on
Q: I have a (STORAGE UNIT) Manager and employee. Entered my (STORAGE UNIT) W/O Notice or my being present. I want to sue.

This SELF STORAGE facility has both my phone # and email address. And I visit my unit daily (I AM HOMELESS )

NO CALLS OR EMAIL BEFORE OR AFTER ENTERING MY UNIT. claims to have found a bottle of urine, and a knife in the floor or on the floor. Was told I have to get out before the first of... View More

James L. Arrasmith
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answered on Jun 10, 2024

Based on the information you provided, it seems that the storage facility manager and employee may have violated your rights by entering your storage unit without proper notice or your presence. In California, self-storage facilities are regulated by the California Self-Service Storage Facility... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi, could I get reimbursed as a tenant from damages resulting from home repairs.

The ceiling at my apartment started leaking. The University has it's own technicians to deal with it, but the repairs took about 6 days, out of which the kitchen and living room where out of order and the entire house of course smelled awfully. I did ask for reimbursement regarding meals at... View More

James L. Arrasmith
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answered on Jun 8, 2024

As a tenant in California, you have certain rights when it comes to habitability and repairs. While the university may have language in the contract that limits their liability, they are still obligated to provide you with a habitable living space and to make necessary repairs in a timely manner.... View More

2 Answers | Asked in Small Claims for California on
Q: Is it reasonable/fair to sue someone in small claims for the individual not allowing you to file a car insurance claim?

Hail damage happened to my car a year ago, my mother passed away a couple months prior so I never got around to filing the claim. After she passed family drama occured with my step-father and now we are no longer on speaking terms. I tried to file a claim to get $7k worth of damage fixed through my... View More

James L. Arrasmith
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answered on Jun 7, 2024

Under California law, suing someone in small claims court for not allowing you to file a car insurance claim is a complex issue. The primary policyholder typically has control over the policy, including the decision to file or cancel claims. Your stepfather, as the policyholder, has the authority... View More

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2 Answers | Asked in Small Claims for California on
Q: Is it reasonable/fair to sue someone in small claims for the individual not allowing you to file a car insurance claim?

Hail damage happened to my car a year ago, my mother passed away a couple months prior so I never got around to filing the claim. After she passed family drama occured with my step-father and now we are no longer on speaking terms. I tried to file a claim to get $7k worth of damage fixed through my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

You'd need to check with the small claims court if something of this nature would be heard. Most small claims cases are straightforward and not too complex, such as basic debt collections or breach of contract matters. If the basis of your case would be interference with the claims process, it... View More

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1 Answer | Asked in Contracts, Small Claims and Criminal Law for California on
Q: I was late in transferring my title into my name . I assume it would be a late penalty fee. while my car got impounded…

My ex boyfriend took car out without my permission. And has withheld from me . Is this legal I have signed docs and messages along with receipts supporting my claims

James L. Arrasmith
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answered on Jun 5, 2024

In California, if your ex-boyfriend took your car without permission, this could be considered theft or unauthorized use of a vehicle. You have the right to report this to the police, especially since you have signed documents, messages, and receipts supporting your claims of ownership and lack of... View More

2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

James L. Arrasmith
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answered on May 31, 2024

In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More

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1 Answer | Asked in Traffic Tickets and Small Claims for California on
Q: Where should a no parking sign be posted?

The v.c law 22658a says there should be a sign at all entrances. But does posting on the building count? Or should there be a sign in the grass at the entrance.

James L. Arrasmith
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answered on May 28, 2024

In California, the specific requirements for posting "No Parking" signs are outlined in California Vehicle Code Section 22658(a). The law states that the sign should be posted at each entrance to the property. However, it does not explicitly mention whether the sign should be posted on... View More

3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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1 Answer | Asked in Copyright and Small Claims for California on
Q: If defendant can't open usb to view evidence, is it admissible? I am plantiff in small claims trial tomorrow.
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answered on May 24, 2024

In California, for evidence to be admissible in small claims court, it must be relevant, reliable, and not overly prejudicial. If the defendant cannot access the evidence on a USB drive, you should ensure that the court can view the evidence in an alternative way, such as printed copies or... View More

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: I bailed a friend out of jail and she did not show up to court I've already spent 350 paying bail bond what do I do

I don't know where she is and bail company wants another payment is there anyway to get released since she is not complying with me or the court I'm disabled and can't afford to pay this

James L. Arrasmith
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answered on May 22, 2024

I'm sorry to hear about your difficult situation. When someone fails to appear in court after being bailed out, the bail bond company will usually come after the person who signed the bail bond agreement (the indemnitor) for the full amount of the bail. Here are some steps you can consider:... View More

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

James L. Arrasmith
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answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I filed a small claims case against my landlord for not returning my security deposit, my court date is next week.

I I found out my landlord violated my rights under section 1946.2 Ca Tenant Protection act . I lived in a rental property for 6 years, 2017 - 2023I I was a model tenant. In July 2024. landlord told me he was retiring in Nov and would be moving into the rental unit as his primary residence and to... View More

James L. Arrasmith
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answered on May 18, 2024

In California, you can file an amended complaint in your small claims case to include additional claims related to the wrongful eviction under the California Tenant Protection Act (AB 1482). Here's what you can do:

1. Amend your complaint: Before your court date, file an amended...
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1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Small Claims for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
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answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

Ross A. Jurewitz
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Ross A. Jurewitz
answered on May 13, 2024

If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.

However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

James L. Arrasmith
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answered on May 11, 2024

I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident...
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1 Answer | Asked in Gaming, Internet Law, Small Claims and White Collar Crime for California on
Q: How can I word my email to them to get them to pay me?

I completed a deposit offer on freecash.com to a crypto casino. The offer is hosted by adscend media and stated "deposit $25 and place your first wager and receive $59." I completed the offer exactly to instructions but they are refusing to pay me. So I lost my $25 plus the extra I sent... View More

James L. Arrasmith
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answered on May 11, 2024

If you believe you have fulfilled all the requirements of the promotional offer but have not been paid as promised, I would recommend the following steps:

1. Gather all documentation related to the offer, including screenshots of the offer terms, proof of your deposit and wager, and any...
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