Legal Question in Business Law in California
L.A. attorney needed for genl commercial litigation/ poss. small claims
I have a client with a business in L.A. who has been screwed over and lied to by a fairly large business also in L.A. (w/ an office in N.Y.) ... there's a bill unpaid in the amount of $10,000. I believe he will need a trial (or close!) to establish that there was a contract under UCC, though.
With such an amount small cliams comes to mind. Does CA small claims have a cut-off of $10,000? If you are a plaintiff in CA and lose at trial, do you have the right to appeal? (In Mass., plantiffs cannot appeal small claims decisions; only defendants can.)
Do you know an agressive litigator who would like to take this task? I don't imagine that collection will be a problem if the case is won. I don't know yet if my client would want the work done on a contingency basis. I see at least one day of deposition in preparation and think the depositions should be called before the other side can get their discovery requests made, if possible, to keep them off-guard and help work through their lies.
5 Answers from Attorneys
Re: L.A. attorney needed for genl commercial litigation/ poss. small claims
You already have had several responses regarding the $5,000 limit on small claims. However, I am a very aggresive attorney who hates to see the little guy squished by the big companies. I would be happy to talk to you and/or yur client. Please feel free to contact me at (661) 260-1149.
Re: L.A. attorney needed for genl commercial litigation/ poss. small claims
You recently asked a question about UCC collections action.
California maximum for small claims is $5,000.00. Also, the clerks are usually very careful to look for "claim splitting."
Like MA, a California small claims plaintiff may not appeal an adverse decision on his or her claim.
I'd be happy to meet with your client to discuss the issue � I assume this is a UCC Article 2 contract. Let me know if I can be of further assistance.
Regards,
Tom Newton
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Re: L.A. attorney needed for genl commercial litigation/ poss. small claims
The cutoff for California small claims matters is $5,000.00. Further, attorneys are not allowed to represent the parties in a small claims court in this state. Your client's case would seem destined for the Municipal Court, although Superior Court (the threshold is $25,000.00) might be an option if there is a fraud allegation.
I'd be happy to speak with your client about this if you like. I'm in Los Angeles -- obviously, you want someone in the right area on such a small case!
Re: L.A. attorney needed for genl
Small claims limit is $5,000. He can go to small claims to save costs but he will waive everything over $5,000. I would be happy to discuss his options with him without charge or obligation if he wants to give me a call.
Re: L.A. attorney needed for genl commercial litigation/ poss. small claims
As was stated in previous answers the small claims limit is $5,000. You need to file a Municipal Court action where the limit is $25,000. If you are still in need of an attorney please feel free to contact my office for a free consultation regarding your rights and how to file a Municipal Court complaint for breach of contract. My toll free number is 888-563-8529. I am only a short distance from LA, but I handle case throughout the state. I look forward to hearing from you.
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