Legal Question in Civil Litigation in California
Vandalism restitution
Several weeks ago a neighbor with a BB gun shot out our bathroom window. A police report was taken, the boy confessed to the act, and we decided not to have him arrested as long as the cost of the window was paid for. After having a window replaced, the boy’s mother feels that the cost of the window is too expensive and that we upgraded our windows on her behalf. She does not want to pay. The window installer did put in a retrofit window that is nicer than the one that was broken, but that is all that he was able to do without having to remove tile in the bathroom at a large expense. Is she responsible for all reasonable repairs – nothing excessive – and should I expect full payment if I go to court?
2 Answers from Attorneys
Re: Vandalism restitution
You should ask the window installer for a letter explaining why he did what he did. Give it to her and see what she says. If she wont pay it, you may want to take what she will give you. If there is a large difference, it may be worth going to small claims court. However, Mr. Cohen makes a good point about the time you have to take off, fees, etc....
Re: Vandalism restitution
Depending on the value of the window, it might be worth your while just to take her money. You will have to pay the small claims filing fee, take time off from work for trial, have a witness from the window company saying the window is identical to the one broken, etc. Good luck!
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