Lawyers, Answer Questions  & Get Points Log In
California Small Claims Questions & Answers
2 Answers | Asked in Insurance Bad Faith and Small Claims for California on
Q: Is it too late for me to hire a Personal Injury Attorney to negotiate my claim with insurance co.?

I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... Read more »

Alexander Bakhache Perez
Alexander Bakhache Perez answered on Nov 30, 2019

Is it even worth it is the question, the costs are going to be more than the case is worth at this time.

Do the small claims case on your own if you wish or just settle and offer the doctor half his bill and show him what is the offer.

Delay in treatment and not going the urgent...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Small Claims for California on
Q: what steps need to be taken in order to file a claim against my ex partner for domestic violence, and false allegations.

My girlfriend of over 2 years has continuously abused me physically emotionally and mentally and financially. These last couple off months she has got me evicted from her moms house where i was paying rent working around the house and paying all the bills where she paid nothing. Her and my landlord... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 27, 2019

more info needed.

because of your financial situation, i doubt you can find a lawyer, as they would want to handle it on an hourly...not a contingency.

However, you can go to small claims where you can sue without a lawyer and get into court in a relatively short period of time....
Read more »

1 Answer | Asked in Consumer Law, Small Claims and Social Security for California on
Q: disabled person rights on repossession of car in california far away from home left stranded

with wallet and cash still in car was so scared was sick for days told the tow people that i just need my wallet and meds even had police officer call and nope was stranded hungry scared in not so good neighborhood my disabled placard was showing correctly, I could of had another stroke or worse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm sorry for this terrible experience, given your disabled condition. A California attorney could advise best but your question remains open for four weeks. If you have medical documentation of the sickness/injury you suffered here, such as ER visit or doctor examination, gather them and see if... Read more »

1 Answer | Asked in Small Claims for California on
Q: Suing former roommate for lease break fees.
Tim Akpinar
Tim Akpinar answered on Oct 28, 2019

It looks like your question may have gotten left off in uploading. You could try reposting. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

2 Answers | Asked in Civil Rights, Consumer Law, Personal Injury and Small Claims for California on
Q: Car i was driving Repoed it was clearly marked disabled placard left me stranded with no means my wallet in the car

This is not my car. SoI had sheriff call and thats when we found out it was 9 am in morning I called to explain that I just need my wallet and things and they refused told me to come to yard at 4:30 pm I am disabled and sick that there was no way to get to yard or home or any place safe that they... Read more »

William John Light
William John Light answered on Oct 13, 2019

Being disabled is not a defense to having your car repossessed.

View More Answers

1 Answer | Asked in Civil Litigation, Small Claims, Criminal Law and Civil Rights for California on
Q: HEAT Team officer not in distinctive vehicle, uniform nor a badge. In pursuit. I have photos, to prove.

I got away fiance in custody still. Since 6/23/19. Cop admits to breaking law by saying not in uniform. He didn’t show up in court. The judge keeps continuing court no deal offered, or bail reduction. Ineffective assistance of counsel. I’m witness but never on police report. I took the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info needed.

i assume you have a private or court-appointed lawyer (public defender?

that is who you should direct your questions as s/he has all the info in front of him/her.

after reading the police report your lawyer may agree with you and file the necessary...
Read more »

3 Answers | Asked in Small Claims and Criminal Law for California on
Q: 2 boys about 10 and 13, were shooting my family and house. I hit one can i go to jail, im 15

Long story short, the 2 boys shot my brother and I, almost shot my sisters (the youngest of us) broke a window, stole a skateboard and snapped it. After that i chased the older one on my bike about 30 ft stopped him, pulled him off my bike and slapped him. After that I smashed it on the ground and... Read more »

William John Light
William John Light answered on Sep 12, 2019

Perhaps. You have the right to use reasonable, proportional force to defend yourself and your property. Penal Code section 198.5.

At the time you struck the boy, you were not engaged in self-defense. He was fleeing and you chased him down. You were meting out punishment. Whether there...
Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Banking for California on
Q: Hello. Amazon made a mistake and sent the money that was supposed to be refunded to me to a bank in Brazil.

I used a credit card that is no longer active to make a purchase. Some time later I needed to return the item and contacted Amazon to see if I could have my refund routed to another car. They proposed to send the money (1.300.00) to a gift card.

I asked for them to guarantee it would not be... Read more »

William John Light
William John Light answered on Aug 29, 2019

Small Claims is a good option for a $1,300 claim. Or you could contact the credit card company to find out what it can do about the money that was refunded to your card that is "not active". Unclear what that means, by the way. Is it a card you don't use, or a card that you formally closed the... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on
Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light
William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

1 Answer | Asked in Estate Planning, Probate, Small Claims and Real Estate Law for California on
Q: Probate hasnt started can a non teanat place locks on rooms? Will a quite title action make an unsigned deed valid?

My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »

James Edward Berge
James Edward Berge answered on Aug 14, 2019

An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: Can I sue a friend? We had a verbal agreement that he'd fix up my truck for 3,000 but it's been months.

I did pay him cash so I feel like it would be hard to sue him. I originally paid him 1,5000 about 6 months ago. I want to take my truck and money back but he seems reluctant to even talk about the situation.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the filing fee and then pay another hundred bucks or so for service of process. Caveat: If a court of law... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Small Claims for California on
Q: I'm currently trying to weigh my options. I have a private parking attendant targeting my vehicles for personal reasons.

My vehicle was towed Thursday my issue with this is they've tried towing my car while I'm in it, leaving other vehicles unticketed. I've now lost my vehicle (which was my residence) the sign states 7 days a week from 8am -11 pm however this week alone they've shown up twice and they are rarely if... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 29, 2019

more info needed

you should call a lawyer in your area for their evaluation. Most criminal lawyers will provide a free consultation and possibly a civil lawyer will too.

I assume they are saying you are not parking but rather living in the car against some code section.

1 Answer | Asked in Criminal Law, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Lived on ranch, owner of ranch destroyed everything I owned on purpose....

I lived on a ranch in a trailer that i did not own in exchange for taking care of the cows and other ranch duties, and earned money as an electrician off ranch. One day after work I got home and the trailer I was living in, and everything I owned in a pile of rubble. The ranch owner decided to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2019

you should have called the police when it happened to have him arrested, prosecuted and requesting restitution be a part of the sentence.

you can still try to do so...but with the lapse of time they may give you a hard time.

contact a civil lawyer in your area.

sue in small...
Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Small Claims for California on
Q: Independent Contractor for a Wentzville , MO based company not being paid

I am an independent contractor for a MO based company but I live in Los Angeles, Ca. They have not paid my wages /invoices and have written several bad checks to cover the amount owed. I would like to sue them for my back pay and am questioning which state to file the case in and if out of... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 26, 2019

If California law applied to your situation, it is unlikely you are actually an independent contractor unless you worked for multiple companies at the same time and were free from control of the employer in carrying out your duties. That would also give you access to many of the very good... Read more »

1 Answer | Asked in Collections and Small Claims for California on
Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??

Vernon Charles Tucker
Vernon Charles Tucker answered on Jul 17, 2019

Hello,

Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!

Respectfully,

Vernon C. Tucker, Esq.

Member California Bar

2 Answers | Asked in Contracts and Small Claims for California on
Q: I had an agreement with a former classmate of mine to help fund his start up business.

I loaned him an amount in expectation of getting a monthly payment after his business got off the ground. The month came to when we agreed he had to start paying it back with interest and he never did. Can I sue him for the principal investment plus the interest we agreed upon? Also I have the... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Jun 8, 2019

Unfortunately, without a signed agreement it is more difficult to convince a person to pay back money he or she owes you. The emails help somewhat, as that confirms that an agreement was reached, even if it was not signed. Also, the mere fact that he acknowledges the debt is helpful. I would... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on
Q: Bannerbit Online Advertising closed out my Account because of a lack of activities for seven (7) months. They refuse to

pay my earnings of over $800 plus but instead chose to refund my initial investment of $200. What can I do to claim my full earnings accumulated over a year?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

If you signed a written contract with Bannerbit Online Advertising get it out and read it very closely. If the contract says they can do what they did to you, then you are done. If you do not have a written contract then you are also done.

3 Answers | Asked in Small Claims for California on
Q: Can a parent be sued along w/ an adult son in sm claims case if that parent had a duty to warn/protect foreseable acts

Adult man lives rent free in family owned home. His mother pays elec, water& taxes even his phone bill. He has numerous arrests and she bails him out every time and pays for private attny. He has a domestic violence conviction, theft & drugs. This is public record, easy enough to prove. She is... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 21, 2019

contact a personal injury lawyer with a summary of all the facts.

normally a parent would not be responsible for an adult child but maybe if mom had a conservatorship? she might be........then there is the issue of why you were in the home knowing of these violent tendencies?

you...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for California on
Q: Hello, what type of document would be necessary for a lawyer to oppose conservatorship in CA law

N/A

Thomas A. Grossman
Thomas A. Grossman answered on May 18, 2019

Your question is somewhat confusing, but I will try to sort it out. I am assuming that you are looking for a lawyer to oppose a conservatorship (or a conservatorship proceeding). If the person in question still has his/her faculties, and does not appear to need a conservatorship, then it would... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.