Legal Question in Civil Litigation in California

Homeowners wild parties liabilities

My neighbor throws wild parties that often get out of hand. About 3 weeks ago they threw a party and one of their guess who sometimes stays over got mad (drunk or intoxicated) ran into my sister in laws parked car. The Sheriff came and the neighbor was able to convince me and the Sheriffs that they would take care of fixing my sister in laws car. I have given the neighbor copies of the repair bills about $400 but I haven't heard anything since. My question is can I file a lien or judgement against my heighbor's home even though he may not be the actual homeowner for the car damages plus any legal fees that may arise and what are the possible legal repercussions that may develop.


Asked on 6/28/00, 6:50 pm

2 Answers from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: Homeowners wild parties liabilities

If you first get a judgment, you can file an abstract of judgment in the county where property the judgment debtor owns, and it will become a lien on such property for 10 years unless renewed. If the judgment debtor does not own the property, the abstract of judgment will not act as a lien against it.

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Answered on 9/05/00, 8:33 pm
John Hayes The John Hayes Law Offices

Re: Homeowners wild parties liabilities

There are a few possiblities here. First you would need to obtain a judgment for the amount owed. If the person responsible has insurance they should pay. If not, once you receive a judgment you can file an abstract judgment in the County which the person resides, if other than the one where the accident occurred. Once you have a valid judgment you can collect either by lien against property or you can garnish his wages. You may also be able to sue the homeowner if you can prove he provided alcohol and then allowed his guest to drive while intoxicated. Since the amount is rather small you should be able to do this all through small claims court. The small claims adviser can help you with the paperwork and obtaining a valid judgment and collecting the money. Good luck.

Sincerely,

John Hayes, Esq.

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Answered on 9/06/00, 5:59 am


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