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
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