Legal Question in Business Law in California

Re: Small Claims Court in CA

The answer to both of your questions is no. A party's expenses and lost earnings due to the trial itself -- even if it is in small claims court -- are not recoverable unless the parties have a contract which says otherwise.

In fact, requiring the defendant to pay these expenses would be unjust. The defendant did not cause you to move out of state, so it is not his fault that you now have to travel and miss work to enforce a contract which you could have enforced more easily had you not moved. The defendant also presumably had no reason to know you were about to move, so he had no reason to anticipate the costs you expect him to cover, and such unforseeable expenses are not recoverable in routine contract actions.

Look at it this way: If the defendant had moved far away before the court date (and assuming he were to win at trial), would it be fair to let him recover his travel costs and lost wages from you? Why should you have to pay more money just because he decided to relocate? I think you would see the injustice were this to happen. The same logic applies regardless of who wins.

Re: Small Claims Court in CA

No and No. It may be more cost effective to see if an attorney in San Diego may want to take it. How much is the claim for? Call me directly at (619) 222-3504.