Legal Question in Civil Litigation in California

Re: Small claims case?

In California there is a 3-year statute of limitations for a suit based on alleged fraud or mistake [Code of Civil Procedure Section 338(d)]; and a 2-year statute of limitations for a suit based on breach of an oral contract [CCP Sec. 339 (1)]. But the time limit under CCP Sec. 338(d) does not begin to run until the complaining party discovers the fraud or mistake.

Anybody can be sued in Small Claims Court, assuming he or she lives within the jurisdictional boundaries of the Court, and the plaintiff agrees to be limited to a recovery of not more than $7,500, plus filing fees and court costs, including service of the summons and complaint on the defendant.

The other party will have the burden of proving that you misrepresented the engine as being new as opposed to being rebuilt, and will also have to prove that whatever he did with the engine after he bought it is not the cause of whatever problems he claims to be having with it. Neither side can bring in a lawyer to represent him in Small Claims Court, but a defendant can hire a lawyer to appeal the case to Superior Court if he loses the case in Small Claims Court. The plaintiff is stuck with the decision of the Small Claims Judge, if he loses. He may not appeal.

If you think that one or both of the statutes of limitations mentioned above applies to your case, you must raise it as an affirmative defense to the Small Claims Court Judge or you would waive (give up) the defense. You should also defend on the merits of the case, that is, on the fact that, as you say, you did not represent that the engine was new. If you have a favorable witness, bring that person to court with you--or get a subpoena served on him or her to compel attendance.

As for service on you of the summons and complaint, the County Sheriff or Marshal will usually try not to serve a defendant at his workplace, unless he cannot find the defendant's home address, or cannot find anyone at the defendant's house old enough to leave the papers with.