Get free answers to your Small Claims legal questions from lawyers in your area.
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 
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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
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
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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
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
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
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
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
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
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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... View More
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
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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
Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More
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answered on Dec 3, 2023
In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More
The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More
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answered on Nov 30, 2023
Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.
In your situation, where the defendant... View More
On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More
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answered on Nov 29, 2023
In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More
was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?
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answered on Nov 26, 2023
Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take... View More
The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court.
We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue... View More
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answered on Nov 26, 2023
Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies.... View More
My bill was sent to a collection agency a few weeks ago I told them the bill I received originally was lower they claimed that's not what they have on their end.
I contacted the hospital billing they said they can't pull up my billing records or discuss my services with me. And... View More
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answered on Nov 23, 2023
In California, dealing with medical billing disputes, especially when they involve a collection agency, can be challenging but there are steps you can take to address this situation. First, request a detailed itemization of the bill from the collection agency. They are required to provide you with... View More
The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?
answered on Nov 23, 2023
This question appeared in the Employment law section. However this is not an employment law issue.
You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims... View More
The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?
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answered on Nov 23, 2023
In California, if you've completed work as agreed but haven't been paid, your first step is often to send a formal demand for payment. This can be a letter outlining the work done, the agreed payment, and a request for the outstanding amount. Be sure to include a deadline for payment.... View More
I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there... View More
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answered on Nov 22, 2023
In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and... View More
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answered on Nov 22, 2023
In California, if you are having trouble retrieving your property from a rental unit and the property management is unresponsive, there are steps you can take. First, send a written request to the property management detailing your attempt to retrieve your belongings and requesting access. Make... View More
when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More
answered on Nov 21, 2023
Sorry to hear about what sounds like a frustrating experience and I would guess there's a feeling like a burglary where they've violated your personal space and privacy. This kind of behavior by a business entrusted with your vehicle is, as you wrote, way out of line. In my opinion this... View More
when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More
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answered on Nov 21, 2023
Under California law, the unauthorized use of your vehicle by the mechanic may constitute a breach of the bailment contract, which is created when you leave your vehicle in the care of the mechanic. To establish a breach, you would need to demonstrate that the mechanic used your truck for purposes... View More
when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More
answered on Nov 21, 2023
You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More
Housing was shut down after 17 days, after paying for 5 weeks. ~$650
CFI-I program, in a contract, was entitled to a refund which has not been provided ~$4499
MEI program, in a contract, was entitled to a refund which has not been provided ~ $6499
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answered on Nov 18, 2023
Under California law, if CFI Academy failed to provide services for which payment was made, including student housing and flight training programs, you are entitled to pursue a refund. The closure of housing after 17 days, despite payment for 5 weeks, and the non-provision of the CFI-I and MEI... View More
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