Everybody's Guide to Small Claims Court in California

by Warner, Ralph

• ISBN13: 9781413304466
• ISBN10: 141330446X
• Edition: 16th
• Format: Paperback
• Copyright: 2006-04-30
• Publisher: NOLO

Summary

Warner's book takes you by the hand through all the potential pitfalls of trying your own case. - Los Angeles Times

Author Biography

Ralph "Jake" Warner retired from day-to-day management of Nolo in 2004, after 32 years as president of the company. Widely regarded as a pioneer of the self-help law movement, Warner founded Nolo with Ed Sherman in 1972. He began publishing do-it-yourself law books written by him and his colleagues after numerous publishers rejected them. When personal computers came along, he added software to many Nolo books. When the Internet arrived, he pioneered online marketing of books. In addition to running the company, Warner was an active editor and author. He has written many books, including Get a Life: You Don't Need a Million to Retire Well and How to Run a Thriving Business.

Table of Contents

Introduction	1	(4)
In the Beginning	5	(14)
First Things	6	(2)
Checklist of Things to Think About Before Initiating or Defending Your Case	8	(3)
Legal Jargon Defined	11	(6)
How to Use This Book	17	(2)
Do You Have a Good Case?	19	(32)
Stating Your Claim on Your Court Papers	20	(1)
But Is My Case Really Any Good?	21	(4)
How to Approach a Breach of Contract Case	25	(9)
How to Approach a Property Damage Case	34	(4)
How to Approach a Personal Injury (and Mental Distress) Case	38	(3)
How to Approach a Case When You Are Injured by a Defective Product	41	(1)
How to Approach a Breach of Warranty Case	41	(4)
How to Approach a Professional Malpractice Case	45	(3)
How to Approach a Nuisance Case	48	(3)
Can You Collect Your Money If You Win?	51	(6)
How Much Can You Sue For?	57	(22)
Cutting Down a Claim to Fit Under the Limit	58	(1)
Splitting Small Claims Court Cases	59	(2)
How to Calculate the Exact Amount of Your Claim	61	(14)
Equitable Relief (or, Money Can't Always Solve the Problem)	75	(4)
When Can You Sue?	79	(8)
California Statute of Limitations Periods	80	(2)
Calculating the Statute of Limitations	82	(3)
Defendant Should Tell the Judge If the Statute of Limitations Has Run Out	85	(2)
How to Settle Your Dispute	87	(28)
Try to Talk Out Your Dispute	89	(3)
Mediate Your Dispute	92	(5)
Write a Formal Demand Letter	97	(11)
Write Down the Terms of Any Settlement	108	(6)
Agreement Just Before Court Hearing	114	(1)
Who Can Sue?	115	(12)
Married Couples	117	(1)
Sole Proprietorships	117	(1)
Business Partnerships	118	(1)
Corporations	118	(1)
Limited Liability Companies	119	(1)
Nonprofits and Unincorporated Associations	119	(1)
Motor Vehicle Claims	119	(1)
Government Agencies	120	(1)
Special Rules for Owners of Rental Property	120	(1)
Special Rules for Homeowners' Associations	120	(1)
Suits by Prisoners	121	(1)
Suits by Minors	122	(1)
Special Rules for Military Personnel Transferred Out of State	122	(1)
Class Actions (Group Lawsuits)	123	(2)
Participation by Attorneys and Bill Collectors	125	(2)
Who Can Be Sued?	127	(12)
How to Sue One Person	128	(1)
How to Sue Two or More People	128	(1)
How to Sue an Individually Owned Business	129	(2)
How to Sue a Partnership	131	(1)
How to Sue a Corporation or Limited Liability Company (LLC)	132	(1)
How to Sue on a Motor Vehicle Accident	133	(1)
How to Sue Minors	134	(1)
How to Sue Government Agencies	135	(2)
How to Sue Contractors and Their Bonding Companies	137	(1)
How to Sue the Estates of Deceased People	138	(1)
Where Can You Sue?	139	(12)
Where to Sue Out-of-State Defendants	140	(3)
Where to Sue California Defendants	143	(5)
What Happens if Suit Is Filed in the Wrong California Small Claims Court?	148	(3)
Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates	151	(18)
How Much Does It Cost?	152	(1)
Filling Out Your Court Papers and Getting Your Court Date	152	(7)
The Defendant's Forms	159	(6)
Changing a Court Date	165	(4)
Serving Your Papers	169	(20)
Who Must Be Served	171	(1)
How to Serve an Individual	172	(4)
How to Serve an Out-of-State Motorist	176	(1)
How to Serve an Out-of-State Property Owner	177	(1)
How to Serve Papers on a Business	177	(3)
How to Serve a Contractor or Anyone Else With a Surety Bond	180	(1)
How to Serve a Public Agency	180	(1)
Time Limits in Which the Plaintiff's Claim Must Be Served	181	(4)
How to Notify the Court That Service Has Been Accomplished (``Proof of Service'')	185	(1)
How and When to Serve a Defendant's Claim	185	(1)
How and When to Serve Subpoenas	186	(1)
Costs of Service	187	(2)
The Defendant's Options	189	(10)
Claim That You Weren't Properly Served With Court Papers	190	(1)
Claim You Were Sued in the Wrong Small Claims Court	191	(1)
Claim You Were Sued After the Statute of Limitations Expired	192	(1)
You Have a Partial Defense---Try to Compromise	192	(1)
You Want to Avoid Conflict---Try to Mediate	193	(1)
You Have Absolutely No Defense	194	(1)
You Want to Pay the Plaintiff in Installments	194	(1)
If You, Not the Plaintiff, Were Wronged---File a Defendant's Claim	195	(1)
Fight Back	196	(3)
Getting Ready for Court	199	(16)
Interpreter Services	201	(1)
Free Small Claims Advice	202	(1)
Getting Help From a Private Lawyer	203	(1)
Mediation	203	(1)
Practice, Practice, Practice	204	(1)
Getting to the Courthouse	205	(1)
Court Times	205	(1)
Understanding the Courtroom and Basic Procedure	206	(4)
Dealing With Your Opponent	210	(1)
Dealing With the Judge or Commissioner	210	(3)
Organizing Your Testimony and Evidence	213	(2)
Witnesses	215	(16)
Who Makes a Good Witness	216	(3)
Subpoenaing Witnesses	219	(3)
Subpoenaing Police Officers	222	(1)
Subpoenaing Documents	223	(2)
Witness Testimony by Letter	225	(3)
Judges as Witnesses	228	(2)
Testimony by Telephone	230	(1)
Your Day in Court	231	(16)
If Your Opponent Doesn't Show Up	232	(5)
Contested Cases	237	(5)
A Sample Contested Case	242	(4)
Don't Forget to Ask for Your Costs	246	(1)
Motor Vehicle Repair Cases	247	(8)
Have You Suffered a Loss?	248	(1)
Can You Prove the Defendant's Negligence Caused Your Loss?	249	(6)
Motor Vehicle Purchase Cases	255	(14)
New Vehicles	256	(3)
Used Vehicle Dealers	259	(4)
Used Vehicles from Private Parties	263	(6)
Bad Debts: Initiating and Defending Cases in Which Money Is Owed	269	(12)
Small Claims Court Is a Good Place to Sue on Bad Debts	270	(1)
Bad Debt Cases From the Plaintiff's Point of View	271	(5)
Debt Cases From the Debtor's Point of View	276	(5)
Vehicle Accident Cases	281	(10)
Who Can Sue Whom?	283	(1)
Was There a Witness to the Accident?	283	(1)
Police Accident Reports	283	(1)
Determining Fault	284	(1)
Diagrams	285	(1)
Photos	286	(1)
Estimates	286	(1)
Your Demand Letter	287	(2)
Appearing in Court	289	(2)
Landlord-Tenant Cases	291	(32)
Security Deposit Cases	294	(12)
Unpaid Rent, Rent Withholding, and Other Money Damage Cases	306	(7)
Drug Dealing and Other Crimes	313	(4)
The Obnoxious Landlord	317	(1)
The Landlord's Right of Entry and the Tenant's Right of Privacy	318	(2)
Discrimination	320	(1)
Evictions	320	(3)
Miscellaneous Cases	323	(12)
Clothing (Alteration and Cleaning)	324	(2)
Dog-Related Cases	326	(2)
Damage to Real Estate (Land, Buildings, etc.)	328	(1)
Police Brutality/False Arrest Cases	329	(1)
Defamation (Including Libel and Slander)	330	(1)
Internet Purchases	331	(4)
Disputes Between Small Businesses	335	(16)
Remember: You Didn't Always Have Your Opponent	337	(1)
Organizing Your Case	338	(4)
The Drama of the Distraught Designer	342	(4)
Old Friends Fall Out	346	(5)
Judgment and Appeal	351	(22)
The Judgment	352	(1)
Installment Payments	353	(3)
Paying the Judgment Directly to the Court	356	(1)
File Satisfaction of Judgment After Payment	356	(4)
Who Can Appeal	360	(2)
Filing Your Request to Correct or Vacate Judgment	362	(4)
Filing and Presenting Your Appeal	366	(7)
Collecting Your Money	373	(30)
The Timing of Collecting Your Money	375	(6)
If Installment Payments Aren't Made	381	(2)
Collecting a Judgment Against a Government Agency	383	(1)
Finding the Debtor's Assets	384	(4)
Levying on Wages, Bank Accounts, Business Assets, Personal Property, Etc.	388	(11)
Judgments Stemming From Auto Accidents	399	(1)
Creating Property Liens	400	(1)
Recovering Collection Costs and Interest	401	(2)
Legal Research	403	(8)
Local Laws	404	(1)
State Laws	405	(2)
Case Law	407	(4)
Appendix	411
Index