We sued an unlicensed contractor in small claims court and won. He appealed the decision. How much can we win?
Adam's answer
|
Answered on April 15, 2014
Technically, a small claims appeal is NOT an appeal. It is a trial de novo which means it starts from scratch. You would needed to have to prove...
Are punitive damages awarded in Small Claims for fraud in inducement if Nonprofit knew of inability to pay prior to contracting?
Adam's answer
|
Answered on April 15, 2014
Yes, they are available in Small Claims, but rarely awarded. Look to Cal. Code of Civil Procedure 116.220 for guidance.
Next, in order to get...
Archived
Is this a California small claims law retaliatory eviction issue?
Adam's answer
|
Answered on April 15, 2014
As my colleagues have stated, this could be retaliatory. Speak with BOTH a civil trial lawyer as well as a landlord-tenant lawyer. You may get...
Archived
Can an independent sales rep be served in a claim against the company that he works for?
Adam's answer
|
Answered on April 15, 2014
A person may only accept service of process if they are authorized to do so. An independent sales rep RARELY has the authority to act for the...
Archived
Don't know what to do about HOA suing me? I am in California.
Adam's answer
|
Answered on April 15, 2014
You have too many confusing facts. Generally, when this type of motion is pending in Small Claims, it is because the defendant filed an...
Archived
If in Contract, Plaintiff names themselves as “Company, LLC / John Doe" -- In Small Claims Doc, can either or must both be used?
Adam's answer
|
Answered on April 15, 2014
I agree with my colleagues. You need to look to who the performance of the contract was limited to. If BOTH the person and the LLC had the...
At small claims, trial de novo, can I change my original request in punitive damages?
Adam's answer
|
Answered on April 15, 2014
Yes, you can amend your claim. However, if you are now asking for more money, you will need to file and serve him with an increased amount. The...
Selected as the best answer
Archived
Do I need a maritime attorney to fend off an unwarranted and unsupported threat of a mechanic's lien on our sailing vessel?
Adam's answer
|
Answered on April 15, 2014
Do you need a 'maritime' attorney or attorney? The question of whether or not you need an attorney to do anything is just like asking if you need...
What's the definition of "Safe Harbor" for boaters in Northern California?
Adam's answer
|
Answered on April 13, 2014
Boating, generally, is a luxury. If he has been evicted, he needs to get the vessel to another place, pay rent, and get on with his life. As we...
Archived
Small claims defendant made false statements
Adam's answer
|
Answered on April 06, 2014
Under CA law, the judgment is final and there is nothing that you can do. Unfortunately, the ring is gone and so is your money - depending on why...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained