1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Small Claims, Can i sue a different person over same damage listed in first small claim which i lost

Discussion in 'Small Claims & Municipal Court' started by Flower, Mar 21, 2019.

  1. Flower

    Flower Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    A woman bought house next to mine to fix and resell. Her unlicensed contractor dug out a back patio right up to our property line. The joint fence was compromised, my land fell out onto theirs and my 2 block walls close to fence buckled and tipped. I sued owner in small claims and lost, i believe b/c i was too upset and nervous and failed to clearly present the facts, as several attorneys i consulted (not on this site) said Cal. Civ Proc. Code 116.725 was clearly violated. Can i now take the contractor to small claims for same damage? Or any way to rephrase suit i originally asked for $10k for 2 walls and fence. Ex. My property value lowered due to existence of damaged structures? Or something else? Insurance inspector valued repair cost at $8k while contractor said $20k. But insurance wont pay as due to human caused land movement.
    Thank you kindly!
     
    Last edited: Mar 21, 2019
  2. mightymoose

    mightymoose Moderator

    Messages:
    10,422
    Likes Received:
    1,565
    Trophy Points:
    113

    You could appeal your small claims judgment if you have not exceeded the time limit. This would bring the homeowner back in.
    Yes, you could also sue the contractor separate from the homeowner.
    If you exceed 10k you can not use small claims. If you contacted an attorney who was confident you had a good argument to make you might consider hiring that attorney and asking for compensation of legal fees in a judgment.
     
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,859
    Likes Received:
    567
    Trophy Points:
    113

    The reason you lost is probably because you sued the wrong person. It was the contractor who caused the damage to your property, not your neighbor.

    CCP 116.725 is a law that allows a party to a small claims action to make a motion to correct a clerical error in a judgment or to set aside and vacate a judgment. It's not a law that is susceptible of being "violated," so I'm not really sure what you mean by this.

    Yes. This is what you should have done in the first place.

    Incorrect. "The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim." CCP 116.710(a).
     

Share This Page