Large part of the fence between our next-door neighbor and us fell down due to a strong storm.
I have tried to contact and discuss with the manager of the neighbor's property (neighbor is renting the place) but he doesn't answer the phone or call back. Given the history of our relationship (us vs. neighbor's manager) we think he will continue to ignore until we decide to fix the fence and pay all for by ourselves, as opposed to splitting the cost, so we may have to file a small claim.
Do we have a chance in small claims court based on the Cal. Civil Code §841 *without* sending the 30-day notice? It is an emergency as part of the fallen fence is in public view and accessible from the street so we would like to fix it asap.
I am not sure the judge will find "public view" and emergency. Now if you had a pool or spa or something that would be different.
But if it is a border fence then both neighbors have on obligation to maintain the fence. I would not like my fence down either. The renter's rent is due on the first. Can they give a note with the rent? I'd give copies of quotes to repair.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline