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California Small Claims Questions & Answers
1 Answer | Asked in Small Claims for California on
Q: Is anyone can give me some suggestions for a small claim hearing?

I have a small claim hearing after two days, can you give me some suggestions? I will appreciate it. Such as: How can I prepare statement and evidences? Since the defendant is an attorney that’ll be a unfair fighting. I don’t owe him any money but he extorted me huge money and has been holding... View More

James L. Arrasmith
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answered on Jan 20, 2024

For your upcoming small claims hearing, it's important to prepare thoroughly. Start by gathering all relevant evidence such as emails, contracts, receipts, or any written communication that supports your case. Organize these documents chronologically to present a clear timeline of events.... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: A holding fee that was issued to me but then after being deposited in my bank account they put a stop payment on it

I became ill and backed out of the application and they refunded me the holding fee but then turned around and put a stop payment on it. I can't find anywhere on their application site when it says once approved I forfeit the holding fee and I've been in corresponding with her I told her... View More

James L. Arrasmith
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answered on Jan 18, 2024

In this situation, the key issue is whether the holding fee was rightfully yours to keep under the terms of the agreement. If the terms of the holding fee were not clearly defined or if you did not agree to forfeit the fee upon approval, you may have grounds to dispute the stop payment.... View More

1 Answer | Asked in Small Claims and Consumer Law for California on
Q: Credit card company trying to hold me accountable for a chare I didn't allow?? Is this legal?

Hello long story short I have a credit card with a limit that a wont share, however this credit card company allowed a charge to go through for over three times my limit without even contacting me. They have said that the computer decides what goes through and they cant do anything. I have called... View More

James L. Arrasmith
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answered on Jan 16, 2024

In California, if a charge on your credit card is unauthorized and exceeds your credit limit, you have certain rights and protections. First, under the Fair Credit Billing Act (FCBA), you can dispute unauthorized charges on your credit card. You should notify your credit card issuer in writing as... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Small Claims for California on
Q: How do i in pro per change venues due to repeated motion denials from lower courts corruption, and connection with defen

Believe it or not we are currently experiencing hardship and unusual punishment being practiced covertly by a corrupted system that support a multi million dollar non prop management company est.1976.Because we are low-income noobs to the city, disabled, minorities, and City Housing Subsidiary... View More

James L. Arrasmith
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answered on Jan 16, 2024

To change venue in California due to concerns about bias or corruption in the lower courts, you would typically file a motion for change of venue based on the grounds of prejudice under California Code of Civil Procedure Section 397. This motion must be supported by substantial evidence indicating... View More

1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for California on
Q: how can you file a motion on a case if the time limit of six months is up, the reason for the time is wait on administi

I just found out that the time limit in california to file a motion to a case is six months, the reason why i have not is because first off the clerks in the court informed me i could only file certain form, which took 30days to get a answer or denial of correcting judgement in small claims. I then... View More

James L. Arrasmith
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answered on Jan 13, 2024

In California, if the six-month time limit to file a motion in a case has passed, your options may be limited, but there are still steps you can take. Firstly, consider filing a motion for relief from the deadline, known as a motion for relief from judgment or order under California Code of Civil... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Small Claims and Landlord - Tenant for California on
Q: Are commissioners,judges, and magistrates along with free help law firms in CA able to supersede being sued?

For all negligence types etc.

James L. Arrasmith
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answered on Jan 10, 2024

In California, commissioners, judges, and magistrates generally have judicial immunity, which means they cannot be sued for acts performed in their judicial capacity. This immunity extends to decisions they make and actions they take while performing their judicial duties. It's designed to... View More

1 Answer | Asked in Small Claims, Civil Rights and Criminal Law for California on
Q: can i sue best western if it had me arrested for grand theft , i did nothing illegal but go retrieve my bags

i left my bags in my room and did not make it back in time for check out , 1 week later i go to the lobby and give them my i.d they went to the back got my bags and 11 months later i get pulled over walking the cop runs my name says im good to go that being the 8 time in 1 yr always the same thing... View More

James L. Arrasmith
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answered on Jan 7, 2024

In California, you may have grounds to sue Best Western if you can establish that their actions led to your wrongful arrest and subsequent damages. This could potentially be a case of false arrest or wrongful imprisonment, where you would need to prove that Best Western acted negligently or... View More

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Can I sue Uhaul in small claims court for damage to my vehicle caused by their incorrect installation of equipment.

Uhaul installed a 7pin receiver on my truck (used to connect the lights on the truck to the lights on my trailer). The 7pin was installed in the wrong place on the bumper of my truck. As a result some components of my trailer were damaged. If I can prove the damage was caused by the incorrect... View More

James L. Arrasmith
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answered on Jan 5, 2024

Under California law, you may have the option to sue U-Haul in small claims court for damages to your vehicle caused by their incorrect installation of equipment. If the installation of the 7-pin receiver on your truck was indeed done improperly by U-Haul, leading to damage to your trailer, you... View More

1 Answer | Asked in Small Claims for California on
Q: I bought a car but the seller won’t give me the title

I purchased a car off of Cars and Bids in Novemeber 2022. When I purchased it, it was still under a loan, so I wired money to the selller and he paid it off. He said he was waiting to receive the title before he could transfer it to me. I kept asking him about it and he said he never received it,... View More

James L. Arrasmith
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answered on Jan 4, 2024

In your situation, where the seller of a vehicle is unresponsive and you're unable to obtain the title, you have a few options under California law. Firstly, it's important to gather all the documentation you have related to the purchase, including proof of payment, communication with the... View More

1 Answer | Asked in Small Claims and Juvenile Law for California on
Q: So I do wonder this alot, if I get a package, and I'm 13 (example), is my parent legally allowed to open it if I say no?

My mom is saying that because she is my gaurdian, and that I am a child (13), she can open my mail if she wants to. She says this is because I do not have the mental capacity to be able to give consent, and that she can legally open my mail without my knowing, even if I have explicitly said no and... View More

James L. Arrasmith
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answered on Jan 1, 2024

Under California law, the situation is nuanced when it comes to a parent opening a child's mail. Generally, parents are responsible for their children and have broad authority to manage their affairs, especially if they believe it's in the child's best interest. However, federal... View More

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Should I sue the tow company, HOA, or property manager?

This is my third question on this case. My vehicle was towed from a condo parking lot, but there were multiple violations of VEH 22658 beginning with the Express Written Authorization. I finished the Demand Letters, but who is the Property Owner? The HOA or the Property Management firm? The Towing... View More

James L. Arrasmith
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answered on Jan 1, 2024

Under California law, determining the appropriate party to sue in a situation involving unauthorized towing from a condo parking lot requires careful examination of the relationships and agreements in place. If the towing agreement is with the property management firm, and they have the authority... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for California on
Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?

Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)

James L. Arrasmith
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answered on Dec 28, 2023

In an unlawful detainer case in California, whether to file an answer or a demurrer depends on the specific circumstances of your case. If you want to contest the eviction and assert defenses related to your mom's trust and fiduciary duties, it's generally advisable to file an answer... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for California on
Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?

Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)

Julie King
Julie King
answered on Dec 28, 2023

It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More

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1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: I've been paying rent to a storage facility since April of 2020, today I received an email from them that during a

Recent audit they realized that they never had me sign the actual lease agreement. So since I never signed an agreement doesn't that mean I'm owed all the money back that I paid for rent since April of 2020? If not then what does it mean and what rights can I exercise as far as holding... View More

James L. Arrasmith
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answered on Dec 20, 2023

In California, even if you didn't sign a formal lease agreement, the fact that you've been paying rent and the storage facility has been accepting it can create what's known as a "tenancy at will" or a month-to-month rental agreement. This is a legally binding arrangement... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: Does the landlord still need landlord liability insurance if their contracted property manager says they'll cover it?

My friend is renting 3 rooms from me + common area. So she's my tenant and pays flat rent while she takes the profit from her subleting the rooms out as mid-term rentals/airbnb because that's her side business. So she's acting as my tenant and property manager basically since... View More

James L. Arrasmith
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answered on Dec 19, 2023

Under California law, as a landlord, you should maintain your own landlord liability insurance. Even if your tenant, acting as a property manager, offers to cover it, your own policy ensures you have direct control and certainty over the coverage. Relying solely on your tenant's insurance can... View More

3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 18, 2023

You can contact the California Labor Commissioner, who will investigate and take action if necessary and appropriate. You should prepare a chronology of the events, list all your witnesses and keep all your important documents, which you will copy and make available for their investigation.... View More

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3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

James L. Arrasmith
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answered on Dec 17, 2023

Under California law, the situation you're describing may be considered "constructive dismissal," a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to... View More

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3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

Neil Pedersen
Neil Pedersen
answered on Dec 17, 2023

You are considered to be an at will employee unless you had an agreement with your employer to the contrary. The employer of an at will employee can discipline or terminate the employee at any time and for any reason or even no reason at all. Having an altercation with a co-worker, regardless of... View More

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1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: Small Claims Appeal - Trial De Novo

I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if... View More

James L. Arrasmith
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answered on Dec 8, 2023

Here are a few key points to consider for your small claims appeal trial de novo:

- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.

- However, you can...
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1 Answer | Asked in Small Claims for California on
Q: I had bought for a gift card and gave 200 dollars to be loaded on it and latter found no money was on

I gave money to be loaded on a gift card and found out no money on the card I received a copy of the receipt from them that wasn't mine not knowing this I filed a claim against this company and now there saying the receipt I provided was for a different purchase

James L. Arrasmith
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answered on Dec 6, 2023

In California, if you have been given a receipt that doesn't match your purchase, it's important to first address this issue with the company directly. Clarify the mistake and provide any evidence of your actual transaction, such as a bank statement showing the deduction of $200 for the... View More

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