Legal Question in Civil Litigation in California
False Claim.. Need Advice
I am being sued in small claims court for "Broken Verbal Contract" there was never a verbal contract, the plaintiff is lying. Plaintiff states $10,000. was given to me in exchange for a dog and a computer. We were living together as a couple and purchased a dog together(when plaintiff moved out 8 months ago, we agreed the dog live with me and dog was left in my home). I purchased the computer and have a receipt stating so. 2 months after the SUPPOSED verbal contract, plaintiff signed a written contract to share joint custody of the dog (i'm thinking this proves that her VERBAL CONTRACT was made up, if not, does this written contract supercede verbal contract if judge believes there was one?). The money given me was alimony of sorts as I acted as a "Housewife" and plaintiff worked. Although we were never LEGALLY married. We were in a 6 year live in relationship. What chances does plaintiff have on winning this suit? What is the best way to present my case in small claims court? Also, I read that in order for a person to file a lawsuit, I am supposed to be ASKED for money supposedly owed. I was never asked for payment of any kind.
1 Answer from Attorneys
Re: False Claim.. Need Advice
Litigation is all about what you can sell. In small claims court the judge spends a small amount of time and makes a snap judgment ruling for whoever�s story sounds the most credible. Here are some tips:
Keep your presentation and argument very concise and to the point. If the other side starts in with accusations and arguments that have nothing to do with the case, don�t follow their lead. Don�t go down that path. Stick to the point of the case. Your note indicates that you already seem to understand what is important and have a pretty good game plan.
Try to punch holes in their story, but stick to what is important. Often both sides tell a pretty good story so if one person screws up or there is an inconsistency in their case, that alone can be a deciding factor.
Documents relevant to an issue are important. They generally are viewed as more credible than people�s testimony or memories.
When the other side presents their case, look to not only what evidence they have but what they don�t have. They are presenting �X� to prove that �Z� is true but if �Z� was true you might also expect to see �Y� but they don�t have that.
The bottom line is that at the end of the case, one presentation will be cleaner and make more sense than the other and that is who will win.
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