Legal Question in Administrative Law in California
Sueing a guest
The guest, the owner, and the HOA are refusing any responsibility to fix my unit. The insurance companies of the owner upstairs and the insurance of the HOA have denied my claims saying that the guest caused the incident and all the damages and not their clients! I did not buy additional insurance for inside of my unit. The damages are estimated to be at least around thirty five thousand dollars.
I have contacted a couple of attorneys to retain them, but they will not take my case on contingency basis. I can not afford to pay the fees they are asking. If I represent myself by filing a law suit against the parties for negligence in the superior court, I have the following questions:
1) Besides the guest, the owner and the HOA, who else is legally responsible to me for all my damages?
2) Do the elements of negligence such as) Duty to care,) Breach of that duty,
and) Causation apply to all the three parties?
Thank you for your advice.
3 Answers from Attorneys
Re: Sueing a guest
What happened to your unit? Was it water damage, etc? I would suggest that you continue looking for an Attorney. In terms of who is liable, well that depends on what happened and in what area of the community (i.e. Common area, separate property, or exclusive common area). Good Luck!
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Re: Sueing a guest
Even though you feel you can not afford to hire an attorney, you do have to hire one at least to advise you as to your causes of action,how to proceed, what the likely outcome will be, etc. You have not given us enough facts to have any idea as to who is at fault and the likelihood of your being able to prove liability. You do not even state what caused the damage. the lack of information suggests that you will not do well in trying this case by yourself.
I would assume most attorneys would take this matter on a contingency fee basis as it is the typical type of case for that fee arrangement. That the attorneys you spoke to will not do so suggests that they do not feel a recovery is likely. Does your guest have any assets, as a judgment against someone who owns nothing is worthless.
Re: Sueing a guest
What do you mean, "you did not buy additional insurance"? Didn't you have renter's or homeowners' insurance?? If not, you were in effect wagering that there would not be a loss. You lost your wager; this situation is what you bargained for. And no, you don't have the skills to represent yourself. Maybe you could sue for up to $7500 in small claims court.
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