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California Small Claims Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Defense and Small Claims for California on
Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?

To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... Read more »

William John Light
William John Light answered on Dec 1, 2020

Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.

Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.

You have a...
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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

1 Answer | Asked in Small Claims for California on
Q: Can I sue someone who took advantage of someone who has learning disability like money
Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

Your question is not very clear, you need to get to the point. Someone took advantage of YOU because YOU have a learning disability? You may possibly have a lawsuit against them, depending on more details about the circumstances. You should consult with a Personal Injury attorney in your area.... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: My indoor cat mysteriously started limping while under my roommate's care. Is she part responsible for his vet bill?
Maurice Mandel II
Maurice Mandel II answered on Nov 10, 2020

Your question raises two issues, first, did the roommate breach a duty of due care, and second, was that breach the cause of the limp? The mere fact that the indoor cat was in the care of the roommate does not provide enough proof to show the roommate breached a duty of care, because the roommate... Read more »

1 Answer | Asked in Small Claims for California on
Q: My ex girlfriend mom co signed my vehicle and then took it back after I put 8000 dollars into it? Help

Hello my name is Gabe recently I was involved in a sticky situation, my ex girlfriends mom co signed on my vehicle , she was my co owner on my vehicle as an OR , she never spent a single dollar on the vehicle I covered insurance , car payments, oil changes, tires , and all aftermarket parts that... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

Small claims would be a good option for you.

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3 Answers | Asked in Small Claims for California on
Q: Will small claims consider conversion, if a guy purposely blocked my car for about two hours and I could not use it?

I have video evidence, police report. What should i be asking for monetarily?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 3, 2020

It really depends on what kind of damage you can prove. If you missed work and were making $20/hr then your case might be worth $40. Whatever you ask for has to be proven or you won't win. good luck

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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: how to approach a situation... Biker bail bonds won't return my $$ that was Not used toward any bond...

how to approach a situation... On 8/21/2020 I gave Biker bail bonds $7000 cash to bail a friend out.. For whatever reason the DA would not except the money from me and therefore it was never used for the bond... When I requested to have my money returned, I was given the run around told that they... Read more »

William John Light
William John Light answered on Oct 31, 2020

You can file a complaint with the insurance commissioner. That might get your money back. https://cdiapps.insurance.ca.gov/CP/login/

For more than that, you will need to consult with an insurance attorney.

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1 Answer | Asked in Small Claims for California on
Q: CA apt. towed car while out of state 3 months ( notified) due to Covid ( paying rent). Returned: Car towed and sold.

Lot repaired. No one contacted me about repairs or tow. No one will give me details. Personal property Inside sold by towing company. So... car gone, can’t get any answers, now having to rent car to boot. Now what ?!?!

Maurice Mandel II
Maurice Mandel II answered on Oct 31, 2020

Review your rental agreement to see if Apt had a right to tow car. ?Exactly why was car towed? Suggest you file suit against everyone to recover value of your lost property, Apt., Security co., Towing Co, repair co.

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1 Answer | Asked in Small Claims for California on
Q: Can I put a lien on debtors property if the IRS has a lien already
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Oct 21, 2020

Yes, although the IRS lien will have priority, you can record an abstract of judgement in order to create a lien on a debtor's real property.

1 Answer | Asked in Small Claims for California on
Q: I told someone in a message “don’t get into my way of you get into my way I will tell everyone about you” is this legal?

She hates me and got me angry today and after I told her that she is treating me that she would drag me to court because of what I said! They said they will sue me can they?

Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

People can sue you for anything, but that does not mean that they will win. If a lawsuit is filed against you, the first thing to do is to see if your renter's or HO insurance covers the claim, if not, you need to consult with and retain an attorney. You will be much better off with an... Read more »

1 Answer | Asked in Small Claims for California on
Q: Can I refile for Money Damages for emotional and Psychological harm as the judgement is incorrect did not apply the law.

I lost the case in small claim court for Money Damages of continued excessive noise irritating, annoying affecting emotional distress and Psychological harm violate our right to peaceful, comfortable of our home inspite my appeal in sc-108 form even the dependant didn't answer. The judge... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 8, 2020

As the Plaintiff in Small Claims, you do not have the right to appeal the decision. You waive this by submitting the claim to Small Claims. If you file a second action on the same facts, same time period, the claim could be estopped by the prior decision, its "Res Adjudicata" (the thing... Read more »

1 Answer | Asked in Constitutional Law, Construction Law, Consumer Law and Small Claims for California on
Q: I am a homeowner in Ca I hired a contractor to do painting around the house. I am I in my rights to fire the contractor.

I hired the contactor to do painting around the house. The job is not being done correctly or at all.

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it... Read more »

7 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for California on
Q: Could you please do my opposition to motion summary judgment?

I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 25, 2020

You are in the middle of litigation. you need to hire an attorney right now. Best of luck.

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2 Answers | Asked in Small Claims and Business Law for California on
Q: Do I sue the owner of the business I'm having problems with or sue the business itself which is registered as an LLC?

I want to get my spray tanning equipment back from a salon. Confused if I should sue the owner of the business or sue the business? Whichever one I sue do I list the other as a second defendant?

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

Did this spray tanning salon employ you? Or did you just sell it some equipment as a third party vendor? Were you an employee when you sold it the equipment? You posted in employment law, which is usually reserved for employment questions. This is a question about a sale and financing. That would... Read more »

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2 Answers | Asked in Small Claims and Business Law for California on
Q: Do I sue the owner of the business I'm having problems with or sue the business itself which is registered as an LLC?

I want to get my spray tanning equipment back from a salon. Confused if I should sue the owner of the business or sue the business? Whichever one I sue do I list the other as a second defendant?

Neil Pedersen
Neil Pedersen answered on Sep 22, 2020

You sue the person or entity with whom you entered into the contract to sell the equipment, or with whom you have a financing agreement. This is more complicated than can be answered without much more information. You would be well served to consult with an attorney and provide that attorney with... Read more »

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1 Answer | Asked in Small Claims for California on
Q: Do I owe the tuition deposit back to the family if they haven’t given 30days notice as per the contract in a preschool?

My preschool takes one month tuition while enrolling a new family which is refunded provided 30days written notice is given. I stopped charging tuition from April 2020, reopened my school in June 2020. This family never responded to any emails, didn’t pay their June and July tuition and now... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 17, 2020

Maybe. Cannot determine without a review of all the documentation.

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: My landlord has exceeded the allotted 21 days to return my security deposit...

Are they still entitled to make deductions based on CA Civil Code 1950.5 or have the forfeited those rights?

Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Excellent question, and one asked by many. There is no automatic forfeiture by the LL of any claims to the deposit, however, there is a part of that section that talks about a "Bad Faith Retention" of the security deposit. In that situation you can request and receive; "statutory... Read more »

1 Answer | Asked in Small Claims for California on
Q: My sister rents a house and wants to evict my brother. Can she type up her own eviction notice to him?

She doesn't want the rent, just wants him to move out, he is a burden to evryone in the house.

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Yes, she can type up the eviction notice, but they are usually available at a stationery store, or online. She has to include all the statutorily required language or it is not valid. This is how people get into legal problems, trying to be their own lawyers.

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: In CA the vehicle code does it say I need current registration to get personal things from a towed vehicle in storage

The registration is back more than 6 months so the cost of renewing is 700. The vehicle is mine and I am last known registered

Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

All vehicles are required to be registered while operating on the highways, or parked in California. The vehicle is required to be registered in the tow yard. You operated the vehicle for free for the last 6 months. Now you get to pay penalties and you find out what happens to unregistered... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: In CA the vehicle code does it say I need current registration to get personal things from a towed vehicle in storage
Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

Not specifically. What the VC says is that it is unlawful for you to have an unregistered vehicle in the tow yard. See VC 4000 et seq.

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