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California Small Claims Questions & Answers

2 Answers | Asked in Contracts and Small Claims for California on

Q: I had an agreement with a former classmate of mine to help fund his start up business.

I loaned him an amount in expectation of getting a monthly payment after his business got off the ground. The month came to when we agreed he had to start paying it back with interest and he never did. Can I sue him for the principal investment plus the interest we agreed upon? Also I have the... Read more »

Thomas A. Grossman answered on Jun 8, 2019

Unfortunately, without a signed agreement it is more difficult to convince a person to pay back money he or she owes you. The emails help somewhat, as that confirms that an agreement was reached, even if it was not signed. Also, the mere fact that he acknowledges the debt is helpful. I would... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on

Q: Bannerbit Online Advertising closed out my Account because of a lack of activities for seven (7) months. They refuse to

pay my earnings of over $800 plus but instead chose to refund my initial investment of $200. What can I do to claim my full earnings accumulated over a year?

Bruce Alexander Minnick answered on May 28, 2019

If you signed a written contract with Bannerbit Online Advertising get it out and read it very closely. If the contract says they can do what they did to you, then you are done. If you do not have a written contract then you are also done.

3 Answers | Asked in Small Claims for California on

Q: Can a parent be sued along w/ an adult son in sm claims case if that parent had a duty to warn/protect foreseable acts

Adult man lives rent free in family owned home. His mother pays elec, water& taxes even his phone bill. He has numerous arrests and she bails him out every time and pays for private attny. He has a domestic violence conviction, theft & drugs. This is public record, easy enough to prove. She is... Read more »

Dale S. Gribow answered on May 21, 2019

contact a personal injury lawyer with a summary of all the facts.

normally a parent would not be responsible for an adult child but maybe if mom had a conservatorship? she might be........then there is the issue of why you were in the home knowing of these violent tendencies?

you...
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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on

Q: Hello, what type of document would be necessary for a lawyer to oppose conservatorship in CA law

N/A

Thomas A. Grossman answered on May 18, 2019

Your question is somewhat confusing, but I will try to sort it out. I am assuming that you are looking for a lawyer to oppose a conservatorship (or a conservatorship proceeding). If the person in question still has his/her faculties, and does not appear to need a conservatorship, then it would... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for California on

Q: Can I sue this auto auction.

I purchased this car for $1500. The registration was pass due and it was almost $400. The engine light came on the time I went to drive it from my home. Ford says I need a whole engine. A important sensor is missing. That is not a overnight problem. I feel as though they sold me lemon.

Scott Richard Kaufman answered on May 13, 2019

Sounds like you are correct. Here is a YouTube channel with some thoughts for you:

https://www.youtube.com/channel/UCtIgcjv_Xem4MuFQsWJa4LA

Good luck with it.

3 Answers | Asked in Small Claims, Criminal Law, Civil Rights and Constitutional Law for California on

Q: under duress, I was forced to hand over my vape pen to officer Hern. I was the passenger of my fiancé’s vehicle.

Went to IA twice. This officer has done numerous things to numerous people. I have never been pulled over or had negative encounters with others in this county. Just him. He’s harassed my fiancé & myself since I flipped him off the day of the valley fire.

Alexander Bakhache Perez answered on May 10, 2019

You may wish to go to the police department and ask to speak the watch commander to file a complaint in writing against the officer.

If it is not written by you and submitted - nothing will happen and no action will be taken. They will try to talk you out of making a formal complaint....
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1 Answer | Asked in Consumer Law, Business Law, Small Claims and White Collar Crime for California on

Q: I got scammed out of 5500$ by an online seller, How to proceed?

Ok, So i purchased 20,000$ (~200 orders) of merchandise from an online e commerce site for my small business, under all my personal info. I only receive 900$ of items from them. I charged back with my credit provider and only got back 14000$ I am out about 5500$. I am not the only one who got... Read more »

Scott Richard Kaufman answered on May 6, 2019

Sounds like you may have to sue them, which of course could cost way more than the $5500 you are out.

Maybe small claims is your best bet, it's quick, easy and for matters under 10K wherein attorneys are not

allowed at all, well, other than to represent an LLC or a CORP.

2 Answers | Asked in Business Law, Consumer Law and Small Claims for California on

Q: Hi, I am from China. A US digital marketing company provides online service to us, but they are really inefficient.

They waste us a lot of time, didn't focus on our project. How can I report them? How can I protect myself from loss?

Scott Richard Kaufman answered on Apr 22, 2019

Change companies.

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1 Answer | Asked in Immigration Law and Small Claims for California on

Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?

One of my flatmates (who is the Master tenant) did not return the deposit of another flatmate on the grounds that his girlfriend was living in his room and they were sneaking in and out. The master tenant (who is still my current flatmate) has requested that I support her in court as a witness. I... Read more »

Kelli Y Allen answered on Apr 11, 2019

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.

3 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for California on

Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?

What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop... Read more »

William John Light answered on Mar 25, 2019

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.... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for California on

Q: Can I sue a dealership for clearing trouble codes without actually addressing or repairing any of the issues that set?

Scott Richard Kaufman answered on Mar 17, 2019

Sure, in many ways that can be considered a fraud, especially if they represented to you that they did otherwise, say, "fixed" the problem?

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for California on

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

I live with my girlfriends family at her grandparents house and he just lost a lawsuit for his restaurant so they raided his restaurant to pay the debt if can they raid the house and if so can they take my stuff to pay his debt since its on his property

Louis George Fazzi answered on Mar 16, 2019

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.

4 Answers | Asked in Car Accidents, Consumer Law and Small Claims for California on

Q: car dealers lied to me, what can I do?

In December 2018 I bought a used 2016 Honda Pilot from a toyota dealership. I wanted to be sure the car was in good condition so I asked numerous times if the car was in an accident. They reassured me it was in perfect condition. I purchased the vehicle and am currently financing it. However, it... Read more »

Dale S. Gribow answered on Mar 4, 2019

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...
Read more »

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4 Answers | Asked in Car Accidents, Consumer Law and Small Claims for California on

Q: Can I make a small claim on a used car fraud?

In December 2018 I purchased a used 2016 Honda pilot from a Toyota dealership, which I am currently financing. I asked on three seperate occasions, before signing any paperwork, if the car had been in any previous accidents and was told repeatedly that the car has NOT been in any accidents and is... Read more »

Dale S. Gribow answered on Mar 3, 2019

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,...
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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for California on

Q: Can a business who is limited to sue in small claims court for only $5,000 sue for $10,000 in California?

The case involves breach of contract. Can a husband and wife each be sued for the same contract jointly and severally in two small claims cases to claim $10,000 when the court limit is $5,000? The contract was executed jointly and severally.

Thomas A. Grossman answered on Mar 2, 2019

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... Read more »

2 Answers | Asked in Criminal Law, Products Liability and Small Claims for California on

Q: If my car gets broken into and my friends laptop gets stolen who is responsible for replacing it?

We were both eating at a restaurant at the time of theft. He left his bag in the backseat. The doors were locked and windows rolled up so no negligence on my part. Who would be responsible? Him? Me? Or both?

Dale S. Gribow answered on Feb 26, 2019

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.

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on

Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.

Me and my mother rent 2 rooms in my landlord 3 bd home. We have lived here 4 yrs we pay the rent every month full house privileges. In the beginning we had verbal agreement that I would not have overnight guest and he agreed to not allow his female friends who slept over to hang out in the common... Read more »

Thomas A. Grossman answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in DUI / DWI and Small Claims for California on

Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

I was accused by my brother for hitting his car with my truck and driving drunk. I was pulled over but never found to be drunk. Cops responded to my brothers home and they found that I didn't hit his car. I want to sue for defamation. Do I have grounds to do so?

Dale S. Gribow answered on Feb 10, 2019

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..

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on

Q: I am the defendant in a case where the original judge took a matter under submission.

The plaintiff was suing me for 10,000. This amount includes rents collected after my father passed away. I agree I owed her for that, however the deposits I refuse to pay. The plaintiff did not provide a contract, its just word of mouth details. My father was a realtor and he negotiated a lease... Read more »

Thomas A. Grossman answered on Feb 7, 2019

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.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on

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

Made changes to our original agreement still only verbally. Now he does not want to honor the changes that we agreed to half of time. My question is what can do to ensure that that he will honor the new agreements that were made. Only thing I have in writing is our text messages back and forth... Read more »

Ali Shahrestani, Esq. answered on Jan 24, 2019

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... Read more »

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