Everybody's Guide to Small Claims Court in California

by Warner, Ralph E.

• ISBN13: 9780873374408
• ISBN10: 0873374401
• Format: Paperback
• Copyright: 1998-04-01
• Publisher: Nolo

Summary

The definitive guide for more than 15 years to handling a small claims court case in California, this book reflects recent changes in California law regarding small claims.

Author Biography

Ralph Warner helped found Nolo in 1971. A graduate of Princeton University and the Boalt Hall School of Law (U.C. Berkeley), he is the author of many books and articles

Table of Contents

Introduction
In the Beginning
First Things	p. 1
Checklist of Things to Think About Before Initiating or Defending Your Case	p. 3
Legal Jargon Defined	p. 6
Legal Research	p. 11
Do You Have a Good Case?
Stating Your Claim on Your Court Papers	p. 1
But is My Case Really any Good?	p. 3
How to Approach a Breach of Contract Case	p. 6
How to Approach a Case Where Your Property has Been Damaged by the Negligent or Intentional Acts of Someone Else	p. 12
How to Approach a Personal Injury (and Mental Distress) Case	p. 15
How to Approach a Case When You are Injured by a Defective Product (Doctrine of Strict Liability)	p. 18
How to Approach a Breach of Warranty Case	p. 18
How to Approach a Case When Your Rights Under California Law Have Been Breached	p. 21
Professional Malpractice	p. 23
How to Prove a Nuisance Case	p. 25
Can You Recover If You Win?
How Much Can You Sue For?
Cutting Down a Claim to Fit Under the Limit	p. 2
Splitting Small Claims Court Cases	p. 2
How to Compute the Exact Amount of Your Claim	p. 4
Computing an Exact Amount--Malpractice Cases	p. 16
Equitable Relief (or, Money Can't Always Solve the Problem)	p. 17
Is the Suit Brought Within the Proper Time Limits (Statute of Limitations)?
California Statute of Limitations Periods	p. 2
Computing the Statute of Limitations	p. 3
Defendant Should Tell the Judge if the Statute of Limitations has Run Out	p. 6
How to Settle Your Dispute
Try to Talk Out Your Dispute	p. 2
Mediate Your Dispute	p. 5
Write a Formal "Demand" Letter	p. 9
Write Down the Terms of any Settlement	p. 19
Agreement Just Before Court	p. 23
Who Can Sue?
Participation by Attorneys and Bill Collectors	p. 5
Suits by Prisoners	p. 5
Suits by Minors	p. 6
Special Rules for Military Personnel Transferred Out of State	p. 6
Class Actions (Group Lawsuits)	p. 7
Special Rules for Owners of Rental Property	p. 8
Who Can Be Sued?
How to Sue One Person	p. 2
How to Sue Two or More People	p. 2
How to Sue an Individually Owned Business	p. 3
How to Sue a Partnership	p. 4
How to Sue a Corporation or Limited Liability Company (LLC)	p. 4
How to Sue on a Motor Vehicle Accident	p. 5
How to Sue Minors	p. 6
How to Sue Government Agencies	p. 7
How to Sue Contractors and Their Bonding Companies	p. 8
How to Sue the Estates of Deceased People	p. 9
Where Can You Sue?
Where to Sue Out-of-State Defendants	p. 1
Where to Sue California Defendants	p. 3
What Happens If Suit is Filed in the Wrong California Small Claims Court	p. 7
Plaintiff's and Defendant's Filing Fees, Court Papers and Court Dates
How Much Does It Cost?	p. 1
Filling Out Your Court Papers and Getting Your Court Date	p. 2
The Defendant's Forms	p. 6
Changing a Court Date	p. 9
If One Party Doesn't Show Up	p. 11
Serving Your Papers
Who Must Be Served	p. 2
How to Serve Your Papers on an Individual	p. 2
How to Serve Papers on a Business	p. 6
How to Serve a Contractor or Anyone Else with a Surety Bond	p. 8
How to Serve a Public Agency	p. 8
Time Limits in Which the Plaintiff's Claim Must Be Served	p. 8
How to Notify the Court That Service has Been Accomplished ("Proof of Service")	p. 9
How and When to Serve a Defendant's Claim	p. 11
How to Serve Subpoenas	p. 11
How to Serve Someone in the Military--Declaration of Non-Military Service	p. 12
Costs of Personal Service	p. 13
The Defendant's Options
Claim That You Weren't Properly Served with Court Papers	p. 2
Claim You Were Sued in the Wrong Small Claims Court	p. 2
You Have a Partial Defense--Try to Compromise	p. 3
You Want to Avoid Conflict--Try to Mediate	p. 4
You have Absolutely no Defense	p. 5
You Want to Pay the Plaintiff in Installments	p. 5
Fight Back	p. 6
If You, Not the Plaintiff, Were Wronged--File a Claim of Defendant	p. 8
Getting Ready for Court
Interpreter Services	p. 3
Free Small Claims Advice	p. 3
Getting Help from a Private Lawyer	p. 4
Mediation	p. 4
Practice Your Court Presentation	p. 5
Getting to the Courthouse	p. 5
Court Times	p. 6
Understanding the Courtroom and Basic Procedure	p. 6
Dealing with Your Opponent	p. 8
Dealing with the Judge or Commissioner	p. 9
Organizing Your Testimony and Evidence	p. 11
Witnesses
Who Makes a Good Witness?	p. 1
Subpoenaing Witnesses	p. 4
Subpoenaing Police Officers	p. 6
Subpoenaing Documents	p. 6
Written Evidence	p. 9
Judges as Witnesses	p. 12
Testimony by Telephone	p. 13
Presenting Your Case to the Judge
Uncontested Cases--Getting a Judgment by Default	p. 1
Contested Cases	p. 2
A Sample Contested Case	p. 7
Don't Forget to Ask for Your Costs	p. 10
Motor Vehicle Repair Cases
Have You Suffered a Loss?	p. 2
Proving the Defendant's Negligence Caused Your Loss	p. 3
Motor Vehicle Purchase Cases
New Vehicles	p. 1
Used Vehicle Dealers	p. 5
Used Vehicles from Private Parties	p. 9
Bad Debts: Initiating and Defending Cases in Which Money Is Owed
Small Claims Court Is a Good Place to Sue on Bad Debts	p. 1
Bad Debt Cases from the Plaintiff's Point of View	p. 2
Debt Cases from the Debtor's Point of View	p. 7
Vehicle Accident Cases
Who Can Sue Whom?	p. 2
Was there a Witness to the Accident?	p. 3
Police Accident Reports	p. 3
Determining Fault	p. 3
Diagrams	p. 4
Photos	p. 5
Estimates	p. 5
Your Demand Letter	p. 6
Appearing in Court	p. 8
Landlord-Tenant Cases
Security Deposit Cases	p. 2
Unpaid Rent, Rent Withholding and Other Money Damage Cases	p. 13
Drug Dealing and Neighborhood Nuisances	p. 18
Obnoxious Behavior	p. 21
The Landlord's Right of Entry and the Tenant's Right of Privacy	p. 22
Discrimination	p. 23
Evictions	p. 24
Miscellaneous Cases
Clothing (Alteration and Cleaning)	p. 1
Dog-Related Cases	p. 3
Damage to Real Property (Land, Buildings, Etc.)	p. 5
Police Brutality/False Arrest Cases	p. 7
Defamation (Including Libel and Slander)	p. 8
Disputes Between Small Businesses
Remember: You Didn't Always Hate Your Opponent	p. 2
Organizing Your Case	p. 3
The Drama of the Distraught Designer	p. 7
Old Friends Fall Out	p. 11
Judgment and Appeal
The Judgment	p. 1
Time Payments	p. 3
Paying the Judgment Directly to the Court	p. 5
The Satisfaction of Judgment	p. 5
Who Can Appeal	p. 9
Filing Your Request to Correct or Vacate Judgment	p. 10
Filing and Presenting Your Appeal	p. 14
Collecting Your Money
The Timing of Collecting Your Money	p. 1
If Installment Payments Aren't Made	p. 6
Collecting a Judgment Against a Public Entity	p. 9
Finding the Debtor's Assets	p. 10
Levying on Wages, Bank Accounts, Business Assets, Real Property, Etc.	p. 14
Judgments Stemming from Auto Accidents	p. 24
Creating Property Liens	p. 25
Recovering Collection Costs and Interest	p. 26
Appendix
Index
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