Everybody's Guide to Small Claims Court , Everybody's Guide to Small Claims Court

372 Pages·2003·1.76 MB·English

by  Ralph Warner

9th edition
Everybody’s Guide to
Small
Claims
Court
by Attorney Ralph Warner
Illustrated by Linda Allison
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9th edition
Everybody’s Guide to
Small
Claims
Court
by Attorney Ralph Warner
Illustrated by Linda Allison
.
Ninth Edition JANUARY 2003
Editor ILONA BRAY
Illustrations LINDA ALLISON
Production SUSAN PUTNEY
Cover KEN ARMISTEAD
Proofreading JOE SADUSKY
Index NANCY MULVANY
Printing ARVATO SERVICES, INC.
Warner, Ralph E.
Everybody’s guide to small claims court / by Ralph Warner ; illustrated by Linda
Allison.-- 9th ed.
p. cm.
Includes index.
ISBN 0-87337-865-2
1. Small claims courts--United States--Popular works. 2. Actions and defenses--United
States--Popular works. 3. Trial practice--United States--Popular works. I. Title.
KF8769.Z9 W37 2003
347.73'04--dc21
2002514121
Copyright © 1980, 1984, 1985, 1987, 1990, 1991, 1995, 1997, 2000, 2002 and 2003 by Ralph Warner. All
Rights Reserved. Printed in the U.S.A.
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Thank You
A number of talented friends have read the manuscript of this book and made helpful
suggestions for improvement. With enough help, even a tarnished penny can be
made to shine. Thanks to Steve Elias, Susan Cornell and especially Ilona Bray, who
have labored hard to round up many of my errant thoughts while making numerous
suggestions for improvement. Thanks, too, to Judge Roderic Duncan, Mary Alice
Coleman of the California State Department of Consumer Affairs and Jeanne Stott—
San Francisco’s recently retired Small Claims Court Legal Advisor; they don’t always
agree with what I write, but are nonetheless unfailingly helpful.
Ella Hirst, Stanley Jacobsen and Beth Laurence compiled the research for all
material appearing in the Appendix. Their thorough, patient and dedicated work has
made this a better book.
Linda Allison’s wonderful drawings speak for themselves. Working with her is like
catching the first ray of sunshine on a clear morning.
For Toni,
the light, the heart and the love of my life
Contents
Introduction
Chapter 1 In the Beginning
A. First Things ................................................................................................. 1/1
B. Checklist of Things to Think About
Before Initiating or Defending Your Case ................................................ 1/3
C. Legal Jargon Defined ................................................................................. 1/6
D. Legal Research ............................................................................................ 1/11
Chapter 2 Do You Have a Good Case?
A. Stating Your Legal Claim in Court Papers ................................................. 2/2
B. But Is My Case Really Any Good? ............................................................. 2/3
C. How to Approach a Breach of Contract Case .......................................... 2/6
D. How to Approach a Breach of Warranty Case ......................................... 2/13
E. How to Approach a Case When Your Property Has Been Damaged
by the Negligent or Intentional Acts of Someone Else ............................ 2/15
F. How to Approach a Personal Injury (and Mental Distress) Case ............ 2/19
G. How to Approach a Case When You Are Injured by a Defective
Product (Doctrine of Strict Liablility) ........................................................ 2/21
H. How to Approach a Case When Your Rights
Under State Law Have Been Breached ..................................................... 2/21
I. Professional Malpractice ............................................................................ 2/23
J. How to Prove a Nuisance Case ................................................................. 2/24
Chapter 3 Can You Recover If You Win?
Chapter 4 How Much Can You Sue For?
A. Cutting Down a Claim That’s Over the Limit
to Fit Into Small Claims Court ................................................................... 4/2