Legal Question in Real Estate Law in California

would like to sue someone for there kid breaking property damage


Asked on 11/06/09, 3:43 am

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

First I would try talking to the parents about paying for the damages . If that doesn't work and since you left out a few details here are my general thoughts. You have 3 years to file a suit for property damage in CA. Sue the child, they will have to appoint a guardian ad liten i.e. an adult to represent him and his parents for negligent supervision. Parents are responsible for acts of their children. If $5000 and under file in small claims.

Hope that helps.

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Answered on 11/11/09, 11:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Depending upon the kid's age and other circumstances, your primary defendant is the kid, not the parents, but the parents can be sued as well in many circumstances - not because they did the damage, but because they were negligent in "parenting" the child. Further, the parent, parents or guardian havbing having custody and control of a minor child are liable by statute for injury, death or property damage caused by the minor (under 18), See Civil Code section 1714.1. As to use of Small Claims, I think you are eligible to ask for up to $7,500 in damages.

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Answered on 11/11/09, 2:27 pm


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