Legal Question in Civil Litigation in California

Good evening. I have 2 questions pertaining to small claims court. If I did not select the proper area of law I apologize.

The story: Last April my brother, stationed in Beale AFB in Yuba City Ca., borrowed my car because his car was not working and had it in the shop for what, at the time, was 4 months. I told him there were two minor problems with the car 1) The automatic transmission slipped going into 2nd gear and 2) The ignition coil wire popped off while coming back from school one night. Because of that I payed more attention to that particular part since I haven't touched the wire in about 2 years. With this information I told him what I had been doing, pouring transmission additive into the transmission at least once a week, to keep it from slipping, and paying attention to see if the engine suddenly does not respond to the throttle applied. He took the keys with the transmission additive inside the car waiting to be used. In May he informs me, via text message, that the car is suddenly revving extremely high. I try to diagnose the problem with the little information he gave me. Yet he continued to drive from Sacramento, his place of residence, to Yuba City. Approximately 2 days after he notified me of the problem he gets an oil change in hopes of fixing it. He also tries to get the transmission flushed but, considering his need for the car, the shop he went to didn't have the time to do it. He then proceeded to drive back home. As he was going over the overpass the car began crawl slowly and rev high. Despite this he did not pull over and shortly after brownish green smoke came from under the hood. Immediately he informs me via text and asks me "how much do I want for it?" As he does not have any knowledge on vehicles whatsoever, I tell him that I need to assess the damage so I can give him an idea of what the price will be. He has the car towed to my parents house where I assess the damage. The engine was warped and the transmission ran dry. I tell him at least 2500 for remanufactured engine and transmission. He says he will he help pay. 3 months pass and I ask him for the money, he denies my request saying he will not help me. This happens all the way to the present. Now he offered me, which would accept as payments, 200 He then tells me I will receive the money IF I loose weight, interact with people, and return to the church.

My questions: Can he make that offer with those stipulations? Do I have a case here?

thank you for your time


Asked on 1/08/10, 12:52 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I believe that I answered your question as to the stipulations he requests.

You have a fairly clear case against him for the damage to your car. You warned him of the problem, he drove the car without following your directions, his ignoring what you told him apparently resulted in the damage occurring. So he is negligent. He also breached the oral contract he had with you as to payments.

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Answered on 1/13/10, 8:42 am


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