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California Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Small Claims for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
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answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

James L. Arrasmith
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answered on May 11, 2024

I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

Ross A. Jurewitz
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Ross A. Jurewitz
answered on May 13, 2024

If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.

However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you...
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1 Answer | Asked in Gaming, Internet Law, Small Claims and White Collar Crime for California on
Q: How can I word my email to them to get them to pay me?

I completed a deposit offer on freecash.com to a crypto casino. The offer is hosted by adscend media and stated "deposit $25 and place your first wager and receive $59." I completed the offer exactly to instructions but they are refusing to pay me. So I lost my $25 plus the extra I sent... View More

James L. Arrasmith
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answered on May 11, 2024

If you believe you have fulfilled all the requirements of the promotional offer but have not been paid as promised, I would recommend the following steps:

1. Gather all documentation related to the offer, including screenshots of the offer terms, proof of your deposit and wager, and any...
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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: My mother is 86 & has dementia. Since 2019 Xfinity has taken advantage of her. The total amount is over $8500, help her.

Since then I tried to resolve the situation they triple charged her & cut off her cable, internet & phone. Even though her mind is completely here there is no way this company should get away with this. I want justice for her & her account restored. Please me accomplish this for her.

James L. Arrasmith
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answered on Apr 29, 2024

Under California law, if you believe that your mother has been unfairly charged or taken advantage of due to her dementia, you can take several steps to address this issue. First, you might consider contacting Xfinity directly to dispute the charges. It's important to keep detailed records of... View More

1 Answer | Asked in Family Law and Small Claims for California on
Q: Hello. Is it possible to sue the father of my kids. We were together 10 years broke up about two years ago i have proof

That he does things to me deliberately to get me upset he sent me a screenshot of him sending a message to his brother and him saying that he wanted to let me mind wander I feel this is deliberate we have a special needs child and sometimes I worry. His text proves that he does things on purpose to... View More

James L. Arrasmith
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answered on Apr 25, 2024

While your ex-partner's behavior is concerning and understandably upsetting, it may be challenging to sue him based solely on the information provided. To determine if you have a strong legal case, consider the following:

1. Harassment: If your ex-partner's actions constitute a...
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2 Answers | Asked in Small Claims, Civil Litigation, Collections and Public Benefits for California on
Q: Are there civil attorneys that deal with credit-card debt claims for disabled veterans?

My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More

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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

James L. Arrasmith
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answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: I live in San Diego. I sold a car and lent someone money. I am low income. What recourse do I have to get $ back?

They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, you have several options to consider:

1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this...
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1 Answer | Asked in Banking and Small Claims for California on
Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?

a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of... View More

James L. Arrasmith
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answered on Apr 8, 2024

Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:

1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had...
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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

James L. Arrasmith
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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior indulgence

can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.

In some cases,...
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1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
James L. Arrasmith
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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2 Answers | Asked in Civil Rights, Construction Law, Small Claims and Business Law for California on
Q: So I’m a small business owner and my client refused to pay the ending balance on her invoice for $3500 what can I do
James L. Arrasmith
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answered on Mar 29, 2024

Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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