Since the first of the year, individual plaintiffs, or sole proprietors, (not corporations or partnerships) may sue for up to $10,000 in Small Claims Court. If you are suing for injuries and damages related to an automobile accident, and the other party was insured, you are limited to $7,500 as your recovery. If the other party was uninsured, by implication, $10,000 would be the limit. If you are a corporation or partnership, you are limited to $5,000.as your recovery. Neither side may have an attorney represent them at the hearing.
NOTE! When you sue in Small Claims, you waive your right to recover anything above what you were owed for the particular claim. For instance, if you are a sole proprietor and a customer owes you $12,000, you may sue for up to $10,000 only. You waive the balance. You cannot file a separate suit for the other $2,000. If you win, and the award is less than what you sued for, and the other party does not appeal (Trial De Novo), then the amount of the judgment is binding on you. You, as the plaintiff, are not allowed to appeal an award in your favor, only the defendant.
For more information, use the link below to obtain forms and additional information.
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424399&_dad=portal&_schema=PORTAL
Should the defendant appeal an award in your favor, you may have an attorney represent you at the Trial De Novo.
For additional information about my services, go to http://www.sandiegolawyer.tv or call (619) 285-8191.
As a small business proprietor, and a sole practitioner, my perspective about the law and other current events may be different than the usual "establishment" line. I hope this blog will provide useful or, at least, interesting information for the readers.
Monday, April 16, 2012
Wednesday, April 4, 2012
IF YOU WANT TO PROTECT YOUR RIGHTS, DON'T TAKE GENERIC DRUGS!
Did you know that if you suffer a serious reaction to a drug, you can't sue the generic drug manufacturer? It's true. In a 5 to 4 decision, in an opinion written by Judge Clarence Thomas, the United States Supreme Court ruled that suits against generic drug manufacturers, for injuries that could be litigated against the brand-name manufacturers, are pre-empted by the Hatch-Waxman Act of 1984 that encouraged the manufacture of generic drugs to save consumers money and forcing them to use the same warning labels as the brand-name manufacturers. The Court stated that this immunized the generic manufacturers for failure to warn of potential drug reactions. Since most medical insurance carriers require the use of generic medications, rather than brand-name drugs, a large percentage of the population is denied legal redress. 80% of prescriptions are generic. You can read the complete opinion by clicking on the following link:
To read a detailed article about this controversy in the San Diego Union-Tribune, click the link below:
For an absolutely heartbreaking story about how a life was ruined by this opinion, see the link below:
Bottom line, insist on brand-name drugs whenever possible. Don't let this happen to you.
Gordon A. Glenn, Esq.
April 4, 2012
Monday, March 12, 2012
THE MOST COMMON QUESTION FROM RENTERS
Appliances not working? The heater doesn't work? Other habitability issues? Can you simply stop paying rent to "punish" the landlord? Not if you don't want to be evicted. However, you do have rights.
Whatever the problem is, remember this rule; "If it ain't in writing, it never happened!" In such disputes, you must give the landlord reasonable written notice. Send a letter, use a fax, or even email, and give the landlord a reasonable deadline, anywhere from a day to 10 days, depending on the urgency, to fix/repair the condition and that if the matter is not resolved, you will use "repair and deduct" provisions contained within California Civil Code 1942 and deduct the cost from your rent. Verbal demands and complaints will not protect you. You can also use the Code to vacate the premises prematurely, without penalty. CCC 1942(a) states:
"If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
If you choose to use the "repair and deduct" model, be sure to provide receipts of your expenses to the landlord, along with the net balance of the rent that is owed. Documentation is key. You have the burden of proof to show what was done, the cost of the repair such as receipts, photos, and the like. If you follow the law, inconvenience should be minimized.
The above is not meant to be a complete discussion of the law and any other applicable Code sections. I can only speak in generalities, not specifics. If you need further information, contact me by telephone or email.
Whatever the problem is, remember this rule; "If it ain't in writing, it never happened!" In such disputes, you must give the landlord reasonable written notice. Send a letter, use a fax, or even email, and give the landlord a reasonable deadline, anywhere from a day to 10 days, depending on the urgency, to fix/repair the condition and that if the matter is not resolved, you will use "repair and deduct" provisions contained within California Civil Code 1942 and deduct the cost from your rent. Verbal demands and complaints will not protect you. You can also use the Code to vacate the premises prematurely, without penalty. CCC 1942(a) states:
"If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
If you choose to use the "repair and deduct" model, be sure to provide receipts of your expenses to the landlord, along with the net balance of the rent that is owed. Documentation is key. You have the burden of proof to show what was done, the cost of the repair such as receipts, photos, and the like. If you follow the law, inconvenience should be minimized.
The above is not meant to be a complete discussion of the law and any other applicable Code sections. I can only speak in generalities, not specifics. If you need further information, contact me by telephone or email.
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