Archived
An old boyfriend gave me $700 2 1/2 years ago and is threatening to take me to small claims court.
John's answer
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Answered on March 31, 2014
This claim would be barred by the statute of limitations, which is 2 years for an oral contract. The statute of limitations is an absolute defense,...
Archived
IF YOU LOST A COURT IN SMALL CLAIMS COURT AND DIDN'T FILE YOUR APPEAL WITHIN THE 30 DAYS, WHAT IS YOUR NEXT ACTION IF ANY?
John's answer
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Answered on March 31, 2014
I think you might be confused with the terms here. Evictions are not done in small claims court, they are handled in superior court. If this was an...
Archived
Must a small claims order be signed by plaintiff to be legal?
John's answer
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Answered on March 31, 2014
Check the case number on the county court website where it was filed. Since your question says Ontario, below is the link to the San Bernardino...
Archived
Seeking an attorney in san fernando valley who specializes in small-claims appeals. i'm the plaintiff.
John's answer
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Answered on March 31, 2014
I am sorry you are going through this, however, after it will all be over soon. Although you may be represented by an attorney in the appeal, it is...
Archived
Need to know my rights in regards to "private nuissance" claim, and a property owner that did not properly sound-proof units.
John's answer
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Answered on March 29, 2014
The best way to defend is to find out what they have to prove. Check out the elements for private nuisance in the California Civil Jury...
Archived
Do I have a case if the dry cleaner damages my expensive cardigan because he did something we didn't ask him to do?
John's answer
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Answered on March 27, 2014
Under these facts, you may have a good small claims case for the value of the sweater. However, be aware that if the dry cleaner had you sign some...
Archived
As a Plaintiff, can I file in California Small Claims Court an "Opposition to the Motion to Vacate Judgment"?
John's answer
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Answered on March 27, 2014
You do not need to file any paperwork before hand. Just make sure you attend the hearing and bring your evidence (and witness if you want). (CCP...
Archived
IS THERE A CIVIL CODE VIOLATION FOR SERVING A SMALL CLAIM LAWSUIT WITH A PO BOX LISTED AS YOUR ADDRESS?
John's answer
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Answered on March 25, 2014
You will need to file a motion to vacate the judgment. http://www.courts.ca.gov/documents/sc135.pdf If you are successful in having the default...
Archived
Can a company be sued twice in small claims court for none payment on 5 different invoices?
John's answer
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Answered on March 25, 2014
If you are splitting the invoices to keep it under the $5,000 limit for business entities, then that would not be permitted. A plaintiff cannot...
Archived
Is customer still liable to pay for services rendered when company does not invoice promptly due to a billing software issue?
John's answer
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Answered on March 24, 2014
I would frame this an a common counts action. The California term is Open Books Account....
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