Fire caused by neighbor's negligence damaged my personal belonging (furniture, computer, etc.) of $5K. What is the statue of limitation to file a small claim court lawsuit ? Thanks.
The statute of limitation for property damage is three years, regardless of the court in which the action is filed.
In California, the statute of limitations for property damage is three years from the date the damage occurred. However, depending upon the theory of liability and the causes of action alleged, different statutes of limitations could apply. The same statute of limitations law applies regardless of whether the case is filed in small claims court or in the superior court.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
You need to remember to bring to the Court any evidence that you have. If you just show up and talk, this may not be persuasive enough. The burden is on you to prove by preponderance of the evidence.
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