Legal Question in Business Law in California

Re: small claims court Im being sued

The starting point for you should be to review your contract of carriage very carefully to see what it says about the carrier's liability. Then try to determine if these movers were fully licensed and had all the permits necessary for the services they provided. In court, the case will come down to the following issues:

1. The actual dollar value of loss that you can prove - loss is probably based on depreciated value not cost to replace; and

2. Whether the carrier lawfully limited its loss and damage exposure to a lesser amount through a provision in its contract with you.

There may be other issues, but these are the more obvious ones. Good luck; small claims results vary with the quality of the parties' preparation and the experience and skill of the "judge" you draw.

Re: small claims court Im being sued

Can they? Of course; anybody can sue anybody for anything. Winning requires proof of claim. If you have a counter claim for damage, it must be filed as part of this case. Take all your evidence and witnesses to the trial.

Re: small claims court Im being sued

The starting point for you should be to review your contract of carriage very carefully to see what it says about the carrier's liability. Then try to determine if these movers were fully licensed and had all the permits necessary for the services they provided. In court, the case will come down to the following issues:

1. The actual dollar value of loss that you can prove - loss is probably based on depreciated value not cost to replace; and

2. Whether the carrier lawfully limited its loss and damage exposure to a lesser amount through a provision in its contract with you.

There may be other issues, but these are the more obvious ones. Good luck; small claims results vary with the quality of the parties' preparation and the experience and skill of the "judge" you draw.

Re: small claims court Im being sued

Some other thoughts. . .

(1) Small claims court is not a good place for plaintiffs because if you lose there, you cannot appeal. So, you might not want to file the cross-claim in small claims.

As the defendant, though, you have the right to appeal to municipal court.

(2) There may be an attorney's fee provision in your contract -- that would be helpful to an attorney who would sue on your behalf for the damaged items (not in small claims court, but in municipal court.) You would also add claims for unfair business practices, and, perhaps, fraud.

(3) It sounds like your sister had no involvement and should win in small claims court. She can then sue them for malicious prosecution.

(4) Agree that preparation is key -- you might want to do a number of things, like subpoena items to the hearing, have a court reporter appear so you have a transcript, and prepare for a countersuit.

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