Legal Question in Civil Litigation in California

An unknown person (we will call Joe) pulled me into a pool, damaging all the property on me ($257 worth) on September 6, 2009 in Las Vegas, NV (although we both reside in Los Angeles County, CA). We exchanged information and Joe agreed to pay me for the property he had damaged. Two weeks go by and Joe has given me nothing but excuses as to why he has been unable to pay me. Two days ago, we agreed he would pay me half on October 7, 2009 and the rest two weeks after that date. I have paper work from the resort regarding the pool incident; all communication between Joe and I have been via text messaging and over the phone. I am afraid that Joe chose October 7, 2009 because it is 30 days after the incident. Is there a time limit for me to take him to small claims court and collect? Is our verbal and text message agreement valid? Would our verbal and text agreement be enforceable?


Asked on 9/27/09, 8:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The statute of limitation to file a lawsuit is 3 years for property damage, 2 years for personal injury. The issues might be: 1) do you know where "Joe" lives; and 2) is the money collectable. The small claims case can be filed in LA County since you both live there.

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Answered on 9/27/09, 8:59 pm


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