Legal Question in Real Estate Law in California

Yes.

So how did you get in? Did you have an opener or an access code to allow proper access, or did you try to drive in behind another car? A significant part of the question may be whether you properly used the control gate.

If you were properly using the gate, you could certanly file a small claims action. Whether you would obtain a judgment in your favor is factually based. I'm surprised the owner did not simply refer you to his insurance company. Is this in a complex with a homeowners association? If so you might consider a claim there.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

I'd pretty much go with Mr. Christian's opinion here. Automatic gates don't close on vehicles when the vehicles are being operated reasonably. When they do, however, it seems unlikely that the gate would cause damage to the vehicle (although I suppose that's possible). More likely, the vehicle would cause severe damage to the gate. You can certainly file a suit in small claims court for harm done to your truck. The likelihood that you'll win, however, seems somewhat remote because it seems to me you were mis-using an access control system.

You can sue in small claims but you should be aware that the judge is going to be asking the same questions that the previous attorneys did, and you may not win your case.