Tenant damaged refrigerator doors with deep scratches. How would the court want the Landlord to determine damages?
Adam's answer
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Answered on September 27, 2012
This is VERY difficult to answer. The court GENERALLY looks to equity - or fairness - under the circumstances. If you show an estimate to replace...
Archived
21 day deposit deductions list - are receipts required by law? Are landlords mandated to fix everything.
Adam's answer
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Answered on September 27, 2012
Cal Civil Code 1950.5 requires EITHER receipts or estimates, and they must be provided within 21 days. If they are not available by the time the...
Archived
I live in CA and I filed a small claim suit and just wanted to know if I can request compensations from the defendant for claim
Adam's answer
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Answered on September 25, 2012
Small Claims is a bit of a misnomer. Just because you have a small sum of money does not make the court system any less important. Here, you...
Archived
Calif: Small Claims: after you win a judgment--can you vacate or dismiss it?
Adam's answer
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Answered on September 25, 2012
The answer to the question is yes, it can be set aside. I use a form I drafted all the time to assist in quicker payment from the...
Archived
Ca hoa. cc&r's call for them pay for a/c compressor. they refuse. can I sue in small claims court
Adam's answer
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Answered on September 25, 2012
MOST CA CC&R's indicate that if upon notice to the HOA, should the HOA fail to act, then the Member may act accordingly. Further, the CC&R's often...
Archived
Received a 60 day notice 2 wks after sending LL a request for repairs letter. Should I sue in small claims? What amount? Thanks
Adam's answer
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Answered on September 25, 2012
You answered your own question, this is a violation of Cal Civil Code 1942.5. Sue, and recover damages.
If you have further questions, be sure...
Archived
I sued a municipality in small claims court, and I lost. Long after, I saw the city attorney at a city council meeting:
Adam's answer
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Answered on September 25, 2012
I agree in part and disagree in part with Mr. Pedersen. If you sue a City, generally they send in the City Attorney to represent the City as they...
Archived
How likely is it to collect on a judgement won in small claims court if the person does not have assets but is working?
Adam's answer
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Answered on September 25, 2012
You need to file and serve on the defendant/debtor a SC-133 Request For Order and Appearance For Examination. At this hearing, you can force the...
Archived
Can two plaintiffs receive separate judgements on same case?
Adam's answer
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Answered on September 25, 2012
Mr. Pedersen and I have addressed this question several time recently. You should bring your cases separately so that you can pursue a separate...
Archived
For small claims court, do I give original cost of medical exp or amount of my copay which is $0 to $10 per doctor's visit.
Adam's answer
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Answered on September 25, 2012
Small Claims purpose is to compensate you for your loss. It is possible to get punitive damages, but RARELY awarded. If you sustained $4,000 in...
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