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If I purchased a dishwasher that is defective, am I entitled to the costs I paid to have it installed?
John's answer
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Answered on April 28, 2014
Depends on what you sue them for. If you sue for breach of contract or warranty then you would be limited to the cost of the dish washer. If you...
Archived
I am the Plaintiff in a small claims case, i won. The Defendant appealed, appeal case over, who won?
John's answer
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Answered on April 28, 2014
The clerk is required to send you the judgment in the mail. You should get a copy of the minute order shorty as long as your mailing address was...
Archived
Small Claims Court: Written declaration by the Defendant
John's answer
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Answered on April 28, 2014
Statement can be allowed in small claims court. They do not need to be notarized or on letterhead. But to be admissible, they typically need to be...
Attorneys in Small Claims Court
John's answer
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Answered on April 28, 2014
The company cannot be represented by an attorney at the hearing, but they can be represented by an attorney before the hearing. The company can use...
Archived
Can I sue a business get my money back? If so, how?
John's answer
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Answered on April 14, 2014
To start a small claims case, all you have to do is draft a complaint, file it with the court, serve the defendant and show up at the hearing. That...
We sued an unlicensed contractor in small claims court and won. He appealed the decision. How much can we win?
John's answer
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Answered on April 14, 2014
Look at your judgment, that is the amount you won. The award at the first case is no longer valid. Only the judgment is valid. Sounds like you won...
Can I file a demurrer to a complaint in small claims court? What is the relevant Code of Civil Procedure section? Thanks.
John's answer
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Answered on April 14, 2014
You cannot demurrer in small claims court. You cannot move to dismiss. All you can do is show up with your evidence. I strongly suggest you prepare...
Are punitive damages awarded in Small Claims for fraud in inducement if Nonprofit knew of inability to pay prior to contracting?
John's answer
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Answered on April 14, 2014
The only requirement for small claims jurisdiction in a case like this is that the amount of money requested be less than $10,000 for a natural...
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Archived
Don't know what to do about HOA suing me? I am in California.
John's answer
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Answered on April 14, 2014
The judgment would bar any action over the same dispute. However, you should look into the papers you were served with. Is there a case number and...
Archived
If in Contract, Plaintiff names themselves as “Company, LLC / John Doe" -- In Small Claims Doc, can either or must both be used?
John's answer
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Answered on April 14, 2014
It depends on who the harmed party was, the company or the individual. So you would have to look at the actual contract, consideration, performance...
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