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What defenses do I have if I am being sued for property damage?

Los Angeles, CA |

Recently moved out of family home because my parents are divorcing. My dad now wants to sue me for damages to my room. Lived there for 11years damage that occurred happened some years ago. What can I do?

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Attorney answers 1


My first response is try to mend fences with your dad. It is quite extreme to be in a lawsuit with your dad.

Legally, if you negligently or intentionally damaged property that was not yours, the law can only reach back a limited amount of time to redress that problem. The basic time frame to bring a lawsuit for property damage in California is three years from the date of damage. Any damage done before that time cannot be the basis of a lawsuit unless your dad could not have reasonably discovered the damage during that time frame. In that case he would have three years from the date he discovered the damage or reasonably should have discovered it.

I hope you do not have defend yourself against a lawsuit brought by your dad. That would be messed up. If you did the damage, perhaps you might consider offering to help fix it? That would be taking the high road.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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