Small claims

Your recovery in small claims court is limited to whatever amount you indicated on the Plaintiff's Claim form. If you wish to ask for more...

I am being sued for old debt. I read that if it is a time-barred debt, it will be dismissed. How do find out if it's time barred

A collections lawsuit that is barred by the statute of limitations is not automatically dismissed. As the defendant, you need to raise the statute...

I doubt the trustee will prevail on a motion to declare the beneficiary a vexatious litigant. As defined by California Code of Civil Procedure...

Can a LL enforce 3 month ETF in residential lease and decline qualified replacement tenant?

The answer depends upon the specific language of the early termination provision. If it is ambiguous, a judge will likely make the tenant may the...

Moved out 10 days before lease ended, last month rent already paid, new renter moved in before lease ended,can i get rent refund

You could possibly sue in small claims court for breach of oral contract, but quite frankly, if you had a written lease agreement and moved out...

Can a Family Court obtain subject matter jurisdiction without a motion, application or appearance?

You are probably confusing personal jurisdiction with subject matter jurisdiction. Submitting to the court could constitute submitting to personal...

A tortious interference claim MUST be filed in the state where the Plaintiff's injury occurred and where it lives?

If the defendant resides outside of California, the defendant can always be sued in the defendant's state of residency, and might be able to be...

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My sister sued me and my husband for faud and breach of non existing contract, Can we find a motion to dismiss?

You will probably not be able to prevail on a demurrer (which is the state superior court equivalent to a motion to dismiss in federal court). A...

Yes. If you are the prevailing party, you will normally be entitled to recover the filing fee and the cost to serve the defendant. It makes no...

What is the rule for form DISC-003?

He was wrong. Code of Civil Procedure section 2030.030, subdivision (a)(2), provides that a party can propound an unlimited number of form...