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California Small Claims Questions & Answers
2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

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

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Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

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

1 Answer | Asked in Elder Law and Small Claims for California on
Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation

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

1 Answer | Asked in Probate and Small Claims for California on
Q: We used a Small Estate Affidavit to avoid probate and claim my dad’s bank acct, but the insurance co won’t honor it!

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

2 Answers | Asked in Health Care Law and Small Claims for California on
Q: Received $1277 ER bill .Got a letter in the mail 6 months later that my bill is now $3257

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

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3 Answers | Asked in Small Claims and Business Law for California on
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

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

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3 Answers | Asked in Small Claims and Business Law for California on
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?

Neil Pedersen
Neil Pedersen
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...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: I'm housing authorities my property management served me with an summon reason due to housing authorities wasn't paying

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: my property in the unit I been trying to get a hold of property management she won't return my calls. I need my things
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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

3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

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

Leon Bayer
Leon Bayer
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

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

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

Daniel Timothy LeBel
Daniel Timothy LeBel
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

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3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

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

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1 Answer | Asked in Landlord - Tenant, Consumer Law, Small Claims and Contracts for California on
Q: CFI Academy, refuses to give refund for ~$12,000 for services not provided, which include "student housing" and flight

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

James L. Arrasmith
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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

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is it possible to sue Green dot bank in small claims.
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answered on Nov 16, 2023

In California, you can sue Green Dot Bank in small claims court if the dispute involves a sum within the small claims court's monetary limits, which is $10,000 for individuals and sole proprietors. Small claims court is designed for resolving disputes involving smaller amounts of money in a... View More

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1 Answer | Asked in Real Estate Law and Small Claims for California on
Q: Involuntary Lien

Hi. I received a notice of an involuntary lien placed on my property. According to the paperwork, it is for a small claims court that I never attended. I never received a court date. The forms say don not contact the court but to contact the person who took me to small claims court. Question... View More

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answered on Nov 13, 2023

In California, if you have received a notice of an involuntary lien for a small claims court judgment that you were unaware of, it is essential to verify its legitimacy.

Start by checking the court records to confirm if a case was actually filed and a judgment entered against you. If the...
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4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
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answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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1 Answer | Asked in Small Claims and Landlord - Tenant for California on
Q: Can a tow company tow my car if I’m parked reverse in a visitor parking in an apt. complex with no head in parking sign?

My car had gotten towed in my apartment complex for reverse parking when there is no sign saying I can’t park that way

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answered on Nov 5, 2023

Under California law, the specifics of parking regulations within private apartment complexes can often be determined by the property owner or management. If the complex has rules about the direction of parking, even if not posted through signage, they may have the authority to enforce these rules... View More

1 Answer | Asked in Small Claims for California on
Q: Can I get a default judgment if the other party doesn't sign up for mediation?

This is a small claims case. it was scheduled for nov 21st. The defendant filed to change the date and it is now scheduled for Dec 19th. The paperwork says he had 5 days to sign up for mediation. 5 days would be today and he has not signed up yet. Can I get a default judgment for him not... View More

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answered on Oct 31, 2023

Under California law, a default judgment in small claims court is typically issued when a defendant fails to appear for the hearing. If the court order or paperwork specifically required the defendant to sign up for mediation within a set period and they did not comply, you might have grounds to... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: I have lived in my home 2+ years. I missed a court date that I was unaware of,I was served proposed judgement. Immeddiat

Possession of the premises. Wat are my rights. Before they file a lock out.

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answered on Oct 27, 2023

Under California law, if you missed a court date and were served with a proposed judgment regarding immediate possession of your premises, it suggests an unlawful detainer action against you. First, you have the right to file a motion to set aside the default judgment if you believe you had valid... View More

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