Legal Question in Real Estate Law in California

Sure, you can sue, and there's a good possibility you'll win, and a fair possibility you can collect. Keep in mind the following:

1. The jurisdictional limit. per claim, in Small Claims Court is $7,500

2. The statute of limitations defense kicks in after two years from the date of breach on an oral contract, and after four years on a written contract.

3. There are some pretty good books on how to prepare, file, serve, try, win, and collect on your claim in Small Claims. Look for Nolo Press, and be sure whatever you buy is intended for California!

4. Getting a judgment is only half the battle; collecting on it is also (sometimes, at least) tough and uncertain.

5. You will need evidence to support your claim, either in Small Claims or Superior Court, perhaps more if there is no written agreement. You can use witnesses who know about the agreement, but documentary evidence is perhaps better, and use both if possible.

6. The economics of suit in Superior Court may favor cutting your claim down from, say, $9,000 to $7,500 to squeeze it into Small Claims jurisdiction, especially if you would be using a lawyer in Superior Court.

7. Most civil lawsuits that are filed settle before trial.