Legal Question in Civil Litigation in California

Re: Small Claim Action

Hello.

Your question is a bit brief for a full response, but making certain asumptions, I will provide the within for you.

1. The statute of limitations [the period within which you can bring or prosecute your claim] is TWO YEARS from the event for a personal injury, THREE YEARS for damages to real property, and other statutes may apply to your facts. Since the event was in July, you do not have an emergency situtation.

2. You DO NOT HAVE TO provide any further notifications of your intent to sue.

3. The developing neighbor is WHOLLY RESPONSIBLE for any changes in water flow as well as for the damages such changes have caused. This "water rights" area of the law goes back hundreds of years.

4. You and your other affected neighbor should sue together--NOT IN SMALL CLAIMS. With each succeeding rain you stand the potential of new and differing damages, potentially worse each time due to affects of erosion, etc.

5. Since SC Court only has an upward limit of $5,000 and I'm sure that your damages now or will exceed that due to the concept of continuing and increasing damages with each rain, you REALLY NEED TO HIRE a land rights attorney in your area. Your attorney should properly seek a Temporary Restraining Order preventing further "damages" from changed course of water and or based upon the topographical specifics of your new problems as caused. Thereafter you will proceed in Court toward a Preliminary Injunction and eventually on to trial for damages.

6. I assume that your access/egress over the affected road is also problematical and further that your land's intended use is negatively affected at time of rain, etc. Protect your huge investment in your land/residence and lifestyle in the proper and serious manner, not so casually in Small Claims court. You CAN NOT get injunctive relief in SC Court, only monetary damages!

I hope this has been helpful.

Sincerely,

Mark Mitchell Geyer

Re: Small Claim Action

You already sent a letter demanding payment for the property damage. There is no reason to send him another letter unless you have new claims that arose after the July flooding.

You can visit my website for an article on how to present your case:

http://www.chs-law.com/2005/02/using-small-claims-court-part-i.html

This articles tells you how you can collect a small claims judgment:

http://www.chs-law.com/2005/02/using-small-claims-court-part-ii.html

Re: Small Claim Action

First, you indicate you suffered major flood damages. The small claims court can only award you $5,000. Also, it sounds like you have a neglience claim which would support a higher damage amount. You don't reveal the context of your letter, did it state what happened, how it was fixed, and provide proof of same. Did it explain why you assert your neighbor owes the money, and how you were damaged. It would be wise to include a letter, and also state that his attorney did not respond to the letter except to threaten you with litigation, which demonstrates bad faith. This makes your demand clear and shows your attempt to mitigate damages as you are required to do.