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California Small Claims Questions & Answers
3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for California on
Q: I pulled out a filling while using a flossing pick and following the directions on the back. Do I have a case?

While flossing my teeth with a flossing pick my floss got caught between my teeth on the way down on what I later found out was a piece of my tooth filling, there was no way of sliding the floss out since it's attached to the pick and when I pulled down to pull the pick out it broke and pulled... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Feb 8, 2021

The previous answer is most likely what happened. You could sue either but I don't think you would get any attorneys to help. Call some and discuss it if you feel strongly but if the first 3 tell you that they can't help then you most likely will have to do it on your own. You will need a... Read more »

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1 Answer | Asked in Banking and Small Claims for California on
Q: I need the opinion of a lawyer, please. I have a picture of a will, and I need to know if its real or not?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

IMO you need the original will. BTW this is Probate not Banking.

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for California on
Q: What are my rights or next steps I should take if the owner of the kitchen I am renting refuse to return my equipment?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Your equipment? You own it. Unless you attached it to the walls/floors, it is yours to do with what you please. Sue owner in Small Claims for value of the property he is keeping. It is called "Conversion." Go to small claims.

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2 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is this False Advertising?

I requested dirt dumpsters from Republic Service. It is ~$500 per bin. The contract also mentioned the limit is 2 tons. Extra tonnage is $130/ton. I did not pay attention to the limit because I thought if this dumpster was for dirt, if I filled up, it should be around 2 tons. But when I received... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Feb 4, 2021

No

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Phone call recording and witness statement evidence in small claims court?

I am a defendant on small claims. I recently had a phone call with the plaintiff(former housemate). I wanted to record the call for my records, so I let him know the start of the call about (but not anytime before the call). He did not decline to talk to me after learning this. At the end of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

First, if you notify the other party, the recording is not unlawful, in most circumstances. In small claims there is no pre-trial discovery, so you do not need to provide him a copy of the sound recording. I would anticipate difficulty in getting the judge to allow you to use the recording, so... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Small Claims for California on
Q: A guard at a hotel got me kicked out,also used profanity and went into my room while my friend was inside,without ask

The guard said he was going to get my deposit taken and me kicked out the room. The hotel also,on three occasions tried to take the deposit without informing me. Management will not speak to me,concerning my qualms.

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

Sue the hotel in small claims. Limit is $10,000.00.

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3 Answers | Asked in Animal / Dog Law, Medical Malpractice and Small Claims for California on
Q: Hi I had taking my female mix labrore. retreiver in for xrays and asonicgram soon as I got their they came out with gu

By law Ithe vets cant keep me from being with my pet at they exam yeah well the did and they did not want to give her back and called police on me his my witness he was shocked how they treated me and was very worry about me driving home

Wen he realised they just killed my dog and by law... Read more »

William John Light
William John Light answered on Dec 21, 2020

I've never heard of the law that says that you cannot be excluded while the vet is examining your dog. As far as the ashes, if you paid for them, and are otherwise current in your account with the vet, you are entitled to your property. This would be a Small Claims case as the ashes are... Read more »

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3 Answers | Asked in Small Claims for California on
Q: We left a passport in Nevada hotel.They shredded it after 30 days.This is going to cost my vacation 5000$Can I sue

We left our passport in a Nevada hotel,

We called them and they said they have it and gave us an Item number and we said we would come within 7 days and we came within 5.

Come to find out they shredded our passport and said it’s policy for 30 days.

We heard that it’s a... Read more »

William John Light
William John Light answered on Dec 19, 2020

You can get a replacement passport. There are expedited services available to get one same day. As a result, your damages are zero, even if the hotel had a duty to preserve your property.

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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Would it be theft if somebody wants to report a stolen vehicle after not giving a deadline to pay?

I have everything in writing and there's nowhere at the time i was handed over the vehicle that said I have to pay at a certain time and date. I have already given the guy $1200, $500 the night we made a deal where he'd let me pay him $2000 in installments, $200 like 3 days later when he... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 17, 2020

MORE INFO NEEDED.

IT WOULD PROBABLY BE A CRIME FOR THE FATHER TO REPORT STOLEN KNOWING SON SOLD TO YOU.

HOPEFULLY, YOU HAVE PAPERWORK TO SUPPORT SALE...TRANSFER OF TITLE ETC

IT WOULD BE CIVIL IN ALL LIKELIHOOD AND HE WOULD SUE IN SMALL CLAIMS.

HOPEFULLY, YOU HAVE...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for California on
Q: I'm in a dispute with an affiliate marketing trainer for lack of delivery on what was promised.

Hi! I'm in a dispute with an affiliate marketing trainer with whom I purchased a program for $3000. The program contract we signed listed about 5-6 things specifically included. I feel several of them have not been delivered, but one in particular he doesn't even dispute denying me.... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Dec 10, 2020

This case might be a candidate for an action in Small Claims court. There is a website for the California Superior Court in your county that will have more information.

1 Answer | Asked in Small Claims for California on
Q: which person is liable in this situation

an item was sold to a friend with written agreement that he would pay an amount for it on a certain date. he agreed to buy the item in the current condition it was in. come the date of payment, he says that he had to hire someone to clean the item and that i am to pay for it. i have not received... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The buyer is responsible to pay according to the terms of the written agreement. I assume his "agreement" to take the item "as is" was in the written agreement. Even if not, he does not have much to say if the need for cleaning was obvious from a visual inspection, versus... Read more »

1 Answer | Asked in Small Claims for California on
Q: CA: put down payment to purchase puppy w/o contract. Changed mind, can I get money back?

Placed $2000 down-payment for them to hold puppy w/o contract. Puppy is ready to be picked up this week but told them need a little more time, they said they are going to sell puppy and I lose the deposit. Is this allowed in California?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The law abhors a forfeiture. But, you put up $2000 without any kind of written agreement? Apparently it was not very important to you to secure your rights to that money if the deal fell through. They cannot keep the money, particularly if they sell the dog to someone else. Small claims is... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for California on
Q: Can the previous owner of a cat take it away after 4 years of abandonment?

I have my cat who I took over care of for when my grandmother died four years ago. Previous to that it was bought for my cousin as a kitten. My cousin left him behind when he moved out of our grandmother's house. Two years later my grandmother died and I moved into the house to take care of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

This meth addict is taking you to court so he can keep a cat? And his primary witnesses are meth addicts? You might consider getting a restraining order against them for domestic violence in the form of threats. You can choose your friends but you cannot choose your family.

Justia...
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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...
Read more »

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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.

Justia disclaimers below, incorporated herein.

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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