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California Small Claims Questions & Answers
3 Answers | Asked in Criminal Law, Immigration Law and Small Claims for California on
Q: Lady accusing me of theft and threatening with immigration and police.

I did some work at her house. She didn't want to pay what the price was. Left the work and now she is accusing me of stealing her house deeds.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Anyone may make any type of accusations: the facts are these are just allegations.

She may call the police yet, the police will investigate that matter and in order to charge would need to gather enough evidence for the charges to be approved.

Secondly, calling immigration would...
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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: if i have warrant can my mother put in the deed to her house?

i live in another state

Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2021

that depends on what the Bail Bondsman wants, to secure your presence in court.

they will look at your record, your job; how much is owed on the house ie how much equity; what you are charged with etc?????

how much is the bail?

call me and I will give you the numbers of...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: My car was impounded aug 10 I went to pick it up aug 17 and they tell me they released it to someone already?

My car was impounded once before for not being registered. I had no issues getting it out.. it’s my fault for not having it registered I understand that 100%. I went to aaa to register it the day after I bought it but they told me I would need to go to the dmv since it was a lien sale but first I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 28, 2021

more info is needed.

you just added new info.......that is why lawyers are reluctant to give advice via internet or phone.

if it was not registered you bear some culpability AND if you got a citation and did NOT notice it was to the wrong person, you have more culpability....
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1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Small Claims for California on
Q: This business I have took my money I haven’t hold up their terms could I seek Legal action

I went to the business Luxe Bijoux Llc 5/11/21 and place the order of a charm that was supposed to be delivered by 6/26/21The charm didn’t come in time every since I made my deposit of $6000 I’ve been getting the runaround is it any legal action I can take against this company for breaching the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Sue them. Breach of Contract, Small Claims. Be sure to have the Sheriff serve the complaint on them.

1 Answer | Asked in Small Claims for California on
Q: If I win a small claims case I. California is the burden on me to collect what is owed? This does not makes sense to me.
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Yes, absolutely. Once you win the Small Claims case, the court is done with you unless you have other matters, like an examination of judgment debtor. This falls into the category of "enforcement of judgment" and there are forms to do that, like obtaining an abstract of judgment which... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for California on
Q: Can I sue my home inspector for failing to mention the electrical panel?

I recently purchase a home and hired a home inspector and had the property inspected and decided to move on with the sale. After living in the property for almost a year I hired an electrician, so I could add an outlet for my TV when the contractor saw my panel he refused to work on my property. He... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

The statute of limitations for negligence is 2 years, breach of contract 4 years, but sometimes different periods apply to certain professionals, such as home inspectors. IMO you need to get your electrical problem solved first, and RETAIN THE OLD PANEL AS EVIDENCE. Take lots of photos showing... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for California on
Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?

Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.

James A. Greer
James A. Greer answered on Aug 27, 2021

Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How can I legally get my car from my sister in another state?

Loaned a vehicle under the premise she was going to pay me for it.

Yelena Gurevich
Yelena Gurevich answered on Aug 25, 2021

You will likely need to hire a lawyer in the state your sister lives in and sue her.

1 Answer | Asked in Employment Law, Products Liability, Civil Rights and Small Claims for California on
Q: Can Walmart take your personal belongings that u walked in with and you have proof of purchase bcuz you were trespassing

Do Walmart employees have the right to take/steal your personal belongings that you 100% walked into the store with and that you personally own (and have all of the receipts proving that you have boughten them)...

Just because they said that you were trespassing? 

Just because you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

File a claim with Walmart and/or the police.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for California on
Q: What are my recourses when a tow yard totaled my vehicle so it can't be driven and won't let me retrieve my property?

Firstly, the seller had a fictitious 2021 tag on a truck with expired registration-dating back to 2017! The DMV demanded $800 to register the vehicle I purchased about 45 days ago. I got involved in a very very light fender bender coming out of a park in an upscale residential neighborhood. I was... Read more »

Leon Bayer
Leon Bayer answered on Aug 1, 2021

YOUR RECOURSE IS TO SUE THE SELLER FOR FRAUD, AND SUE THE TOW YARD FOR PROPERTY DAMAGE. LOOK INTO DOING THIS IN SMALL CLAIMS COURT. YOU MIGHT ALSO ASK THE DMV TO INVESTIGATE THE PHONY TAGS.

1 Answer | Asked in Consumer Law, Business Law and Small Claims for California on
Q: Does a car dealer have to put a lien on a car to repossess it? Will a judge likely grant the lien if the "deficiency"

is not paying for a "inspection" costing $1820 that the dealer slipped onto the contract without itemizing.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

if the vehicle is financed, whoever the finance company is (and it could be the dealer) can repossess without a court order if there is reason to repossess

2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: I need help with paying off a debt that I’m not the only one responsible for.

Two friends of mine and I signed a year long lease. We agreed every month we’d split the bills for the apartment three ways. In March, they bailed on me and moved back to Mississippi. We will receive an invoice for the settlement agreement (~10K), but I don’t know who they’re sending it to.... Read more »

Harlene Miller
Harlene Miller answered on Jun 23, 2021

Unfortunately, even though all of you are on the lease, the landlord can seek payment from any one of you. Since you all signed the settlement agreement, you are all responsible for payment. However, unless other language was included in the agreement, you are all joint and severally liable for... Read more »

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1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

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