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California Small Claims Questions & Answers
1 Answer | Asked in Child Custody, Landlord - Tenant and Small Claims for California on
Q: is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.

lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him... View More

James L. Arrasmith
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answered on Jul 1, 2024

I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided:

1. Rent refusal:

It's generally not legal for a landlord to refuse rent payments without proper cause. However, since...
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1 Answer | Asked in Small Claims for California on
Q: I left my airpods at an ex girlfriends house now and i quote "im not giving you your airpods back i dont wanna see you".

we already agreed that "i will get you your airpods back as soon as i can" but now she wont give them back.

James L. Arrasmith
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answered on Jun 27, 2024

This situation involves potential legal issues. Here's an overview of your options:

1. Communication: Try to resolve this amicably if possible. Remind her of your previous agreement and ask if there's a way to arrange a safe, neutral handoff.

2. Small claims court: If the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 26, 2024

There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

James L. Arrasmith
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answered on Jun 26, 2024

There are a few important points to clarify regarding your question:

1. Small claims court in California:

Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:

- $12,500 for individuals as of 2024...
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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity...
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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Small claims judge ruled without viewing my evidence. Can I have this thrown out? Reason?

Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good... View More

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, it seems you have concerns about the process in your small claims case. Here's a general overview of your options and some points to consider:

1. Small claims court procedures: Small claims courts typically have simplified procedures, and judges may...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:

1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for California on
Q: what can i do to have charges against a roommate who stole $2,200 from my boyfriend and also hired someone to

come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:

1. File a police report detailing the theft and...
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Contracts and Small Claims for California on
Q: Rights of a Plaintiff in Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the Defendant

Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.

The Defendant then filed an appeal on SC-140.

1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More

James L. Arrasmith
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answered on Jun 14, 2024

In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More

1 Answer | Asked in Small Claims for California on
Q: I have a (STORAGE UNIT) Manager and employee. Entered my (STORAGE UNIT) W/O Notice or my being present. I want to sue.

This SELF STORAGE facility has both my phone # and email address. And I visit my unit daily (I AM HOMELESS )

NO CALLS OR EMAIL BEFORE OR AFTER ENTERING MY UNIT. claims to have found a bottle of urine, and a knife in the floor or on the floor. Was told I have to get out before the first of... View More

James L. Arrasmith
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answered on Jun 10, 2024

Based on the information you provided, it seems that the storage facility manager and employee may have violated your rights by entering your storage unit without proper notice or your presence. In California, self-storage facilities are regulated by the California Self-Service Storage Facility... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi, could I get reimbursed as a tenant from damages resulting from home repairs.

The ceiling at my apartment started leaking. The University has it's own technicians to deal with it, but the repairs took about 6 days, out of which the kitchen and living room where out of order and the entire house of course smelled awfully. I did ask for reimbursement regarding meals at... View More

James L. Arrasmith
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answered on Jun 8, 2024

As a tenant in California, you have certain rights when it comes to habitability and repairs. While the university may have language in the contract that limits their liability, they are still obligated to provide you with a habitable living space and to make necessary repairs in a timely manner.... View More

2 Answers | Asked in Small Claims for California on
Q: Is it reasonable/fair to sue someone in small claims for the individual not allowing you to file a car insurance claim?

Hail damage happened to my car a year ago, my mother passed away a couple months prior so I never got around to filing the claim. After she passed family drama occured with my step-father and now we are no longer on speaking terms. I tried to file a claim to get $7k worth of damage fixed through my... View More

James L. Arrasmith
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answered on Jun 7, 2024

Under California law, suing someone in small claims court for not allowing you to file a car insurance claim is a complex issue. The primary policyholder typically has control over the policy, including the decision to file or cancel claims. Your stepfather, as the policyholder, has the authority... View More

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2 Answers | Asked in Small Claims for California on
Q: Is it reasonable/fair to sue someone in small claims for the individual not allowing you to file a car insurance claim?

Hail damage happened to my car a year ago, my mother passed away a couple months prior so I never got around to filing the claim. After she passed family drama occured with my step-father and now we are no longer on speaking terms. I tried to file a claim to get $7k worth of damage fixed through my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

You'd need to check with the small claims court if something of this nature would be heard. Most small claims cases are straightforward and not too complex, such as basic debt collections or breach of contract matters. If the basis of your case would be interference with the claims process, it... View More

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1 Answer | Asked in Contracts, Small Claims and Criminal Law for California on
Q: I was late in transferring my title into my name . I assume it would be a late penalty fee. while my car got impounded…

My ex boyfriend took car out without my permission. And has withheld from me . Is this legal I have signed docs and messages along with receipts supporting my claims

James L. Arrasmith
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answered on Jun 5, 2024

In California, if your ex-boyfriend took your car without permission, this could be considered theft or unauthorized use of a vehicle. You have the right to report this to the police, especially since you have signed documents, messages, and receipts supporting your claims of ownership and lack of... View More

2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

James L. Arrasmith
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answered on May 31, 2024

In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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1 Answer | Asked in Traffic Tickets and Small Claims for California on
Q: Where should a no parking sign be posted?

The v.c law 22658a says there should be a sign at all entrances. But does posting on the building count? Or should there be a sign in the grass at the entrance.

James L. Arrasmith
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answered on May 28, 2024

In California, the specific requirements for posting "No Parking" signs are outlined in California Vehicle Code Section 22658(a). The law states that the sign should be posted at each entrance to the property. However, it does not explicitly mention whether the sign should be posted on... View More

3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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