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California Small Claims Questions & Answers
1 Answer | Asked in Small Claims for California on
Q: can any type of legal action be taken against a company

i was asked to leave my housing because a worker who did not announce an allergy made a complaint to management who then pulled the work crew from the premises due to said allergy. there was no smoking in said workers prescience and the same worker again came back to work at the residence. due to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Employers are prohibited from discriminatory actions against an employee based on a protected classification, such as age, race, physical disability. Smoking, whether tobacco or marijuana is not such a prohibited classification. If you have significant financial loss, you should seek the... Read more »

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

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2 Answers | Asked in Business Law, Consumer Law, Contracts and Small Claims for California on
Q: Is there a simple 1-2 page agreement for a cash transfer between two parties? Something that would hold up in court.
Maurice Mandel II
Maurice Mandel II answered on Jul 1, 2020

Typical Attorney Answer: It depends. It depends on the amount of money involved. It depends on what terms you want re: security, repayment, interest. It depends on how much you trust the other person- the more you trust, the longer the agreement should be. You can find simple promissory notes... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Small Claims for California on
Q: In CA, do I report this as stolen property with the police, it can only be resolved in small claims court, or.. both?

While I was out of town, my ipad pro (worth 1k) was stolen. Because my 13 yr old son uses it almost exclusively, his father decided to help by paying the monthly service via Verizon.

Father is refusing to file the lost claim with Verizon because he does not approve of how I parent (we are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

I am confused by your facts. Did you buy the Ipad? Did the Ipad come with the Verizon subscripton? Do you think the father has the Ipad? (you said he is holding it hostage)

If you bought the Ipad, then it is your property, and you can file a police report. (which does you little good...
Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for California on
Q: My grandparents willed their house to my mom and uncle. My mom quick claimed the house to my uncle, they were going to

Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 24, 2020

Your mom has an uphill battle on her hands. After all, it appears for all intents and purposes that she gifted her share of the house to your uncle when she gave him the quitclaim deed. She probably did that without the advice of an attorney, because if it was her expectation that she receive... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: hi i am having a problem with a auto auction, we had an accidental bid and the auction doesn't want to wave it

we had an accidental online bid and won a vehicle. we informed right away that it was an accident, but the auction is not willing to wave and only giving us an option to pay $400 or pick up the vehicle, the fee amount is not stated in the policy and was informed by the last person we talked to that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 23, 2020

Sorry for your issues. No way to KNOW what all of your rights are without reading the document you speak of. Lawyers typically get $250.00 an hour and up so hiring one makes little sense here. IF it is true that there is no provision for the $400 you speak of, I guess they can sue you and you can... Read more »

1 Answer | Asked in Collections and Small Claims for California on
Q: Does the plaintiff have to provide copies of receipts, emails, etc to the defendant prior to the court date?

This is a small claim court case related to a training we provided to an entity's personnel. They agreed via email to the terms and conditions. We provided the training and have proof of the service being provided. The other party never paid and never disputed. They just didn't pay even... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

Short Answer, NO. Small claims is meant to be an expedited trial situation for cases of a smaller value (used to be $2500, now up to $10,000). There is no "discovery" in Small claims, but other forms of compelling the production of witnesses and evidence, such as the subpoena power of... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for California on
Q: Who has the rights over items legally in a break up?

To whom it may concern. I have a general question with regards to personal property as a resolve in a relationship break up. There are certain items that the other party is unwilling to return that hold either monetary or personal value to me, which include, but are not limited to, jewelry and a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

This is actually a Consumer Law question, and a very important question it is. The question is: "When you are living together in a relationship (not marriage) what are each person's property rights?" The rules in Family Law provide some insights but don't cover everything.... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: I received a notice of hearing in the mail about a lawsuit, but I have not been served. Must I go to the trial?
Maurice Mandel II
Maurice Mandel II answered on Jun 13, 2020

You need to discuss this with an attorney right away. Your facts don't say whether this is a small claims matter or something else. You claim you were not served, but there is a method of service called "service by publication" that a Plaintiff can do after receiving the permission... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I'm renting an apartment in California, my first night here I locked the front door and couldn't get out.

I had to jump from a second story balcony, I asked for repairs with no luck, I contacted the CEO of the property, still no luck. After almost seven months and calling Code Enforcement I recieved results. Three disabled people, one is a foot amputee, am I entitled to a percentage of my rent back?

Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

Very sorry to hear you experienced such problems with this rental. Under the Law, the property owner is obligated to provide you with a property that is habitable. It would seem a reasonable argument that if you cannot use the front door for ingress and egress, this is not a habitable premises... Read more »

1 Answer | Asked in Small Claims, Consumer Law and Medical Malpractice for California on
Q: I am in need of help disputing a dental bill. I am of the notion that I already paid my fair share
Tim Akpinar
Tim Akpinar answered on May 25, 2020

These types of cases can sometimes be difficult, since it appears that you paid out of pocket for services rendered. It would be easier to evaluate services submitted to insurance companies for reimbursement, where you could look line by line at each procedure and its code. The best you could do is... Read more »

1 Answer | Asked in Small Claims for California on
Q: Is it fair for the lawyer to get the majority of the clients settlement?
Tim Akpinar
Tim Akpinar answered on May 15, 2020

There is no universal answer to your question. As a general matter when handling injury cases on a contingency basis, attorneys fees run in the ballpark of a third of net recovery. Some attorneys may charge higher percentages, some may charge lower percentages on other types of cases involving... Read more »

1 Answer | Asked in Animal / Dog Law and Small Claims for California on
Q: If a dog is in someone else’s backyard and not being taken care of, can I take pictures of it to show animal control

Please if I could get an answer quick. It’s important to me.

William John Light
William John Light answered on May 11, 2020

Depends on whether you can see the backyard. If the public can view it, or you can view it from your property, you can take a picture.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: My landlord gave me a 60 day notice of termination my 60 days is up now she says she's coming with the cops to lock me

Out and tow my car can she do that without legally evicting me through the courts

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 7, 2020

No. She is bluffing. She has to go to Court to legally evict you. Best of luck.

1 Answer | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Timothy Denison
Timothy Denison answered on May 6, 2020

If the discharge is granted to the friend, your girlfriend will be enjoined from trying to collect that debt in the future. Probably should hire a lawyer to see if they can obtain the money for you. It can be a very frustrating process.

1 Answer | Asked in Business Law, Civil Litigation, Libel & Slander and Small Claims for California on
Q: Can a company come after me legally for negative social media or internet posts?

I was involved in an influencer and wholesale arrangement with a company.

The "influencer" portion was to advertise for their company on your social media platforms.

When a person purchases through your unique link, their influencer dashboard lists it as a... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 6, 2020

Yes and No. Anyone can threaten to file or file a lawsuit. That does not mean the lawsuit has merit. There is a balance between free speech and false statements that is at the heart of these online review cases. If you are truthful and accurate in your statements they would have a hard case,... Read more »

2 Answers | Asked in Personal Injury and Small Claims for California on
Q: Can I get compensation for consuming a expired drink that made me sick?

I just went into CVS pharmacy to buy a drink (Starbucks Coffee) drank it and went on my hike. An hour an a half into my hike, had horrible stomach pains to the point where I soiled myself because there were no restrooms around. Got home and still experiencing pains. Decided to check the sell by... Read more »

William John Light
William John Light answered on Apr 30, 2020

"Sell by " doesn't mean "expired". CVS did nothing illegal. You did not seek medical attention and cannot prove that your stomach pains were caused by a spoiled food product. You have no case.

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2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Harlene Miller
Harlene Miller answered on Apr 30, 2020

The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... Read more »

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1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Small Claims for California on
Q: Am i responsible if my neghbor put a plastic runner on my chainlink fence on their side but my dogs chewed it up?

The fence runs the perimeter of my property and the side that faces the neighbor sometimes gets grass onto her side and she doesnt like grass getting in because she keeps her yard down to the dirt. So she put a plastic runner but i have dogs and they are known to chew so i want to know if im going... Read more »

William John Light
William John Light answered on Apr 23, 2020

If the fence and runner are on your property, then you are not responsible. If the fence is a property line fence, both property owners effectively own it and are responsible to maintain it.

If your dog damaged a property line fence, you are responsible to repair it. More importantly,...
Read more »

1 Answer | Asked in Small Claims for California on
Q: Who can I can contact to help with getting a payment owed from a small claims court case that I won?

I won a small claims court case in the sum of $9150 several months ago and the defendant is refusing to pay me. How can I collect this payment or is there someone/some company that can help me attain this?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Apr 16, 2020

The courts do not "make" people pay judgements, but there are procedures you or your attorney can use. It helps if you are aware of the debtor's assets, like a bank account. If they own real estate you can file a lien. If they are working you can "garnish" their wages.... Read more »

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