How to Win in Small Claims Court in California, 2nd Edition by P-SourceBooks


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									How to Win in Small Claims Court in California, 2nd
Legal Survival Guides

Author: Royce Orleans Hurst
Author: Mark Warda

Edition: Second
Table of Contents

Chapter 1: Small Claims Court, Generally
How Much You Can Sue For
Remedies Other Than Money
Needing an Attorney
Other Places to Get Help
Losses You Can Recover
Chapter 2: Before You Sue 11
Deciding Whether You Have a Case
Getting Information
Proving Your Case
Your Time and Effort
Collecting If You Win
Demanding Payment and Settling
Deadline for Filing Suit
Chapter 3:Using Mediation to Resolve Your Case
Types of Mediation
Advantages to Mediation
Finding Services
Chapter 4: Filing and Serving Your Case
Those Who Can Sue and Be Sued
Where to File Your Suit
How Much To Sue For
Beginning Your Case
Serving the Papers on the Defendant
When You Cannot Find the Defendant
Chapter 5: Types of Cases 41
Bad Checks and “Stop Payment” Checks
Breach of Contract
Contract Rescission
Lemon Law Cases
Consumer Contracts
Products Liability Cases
Auto Accidents and Other Negligence Cases
Class Actions
Homeowner Association Cases
Landlord Problems
Tenant Problems
Civil Rights Complaints
Attorney-Client Problems
Chapter 6: Defending Yourself
Ignoring the Summons
The Next Step
Your Defenses
Settling the Case
Cross-Claims and Third Party Claims
Requesting a Continuance
Methods of Payment

Chapter 7: Rules of Evidence
The Four Types of Evidence
Testimony by Declaration
Testimony by Telephone
Expert Witnesses
Oral Agreements
Judicial Notice
Chapter 8: Preparing and Presenting Your Case
Preparing for Trial
Subpoena Process
Disqualifying a Judge
Presenting Your Case
Vacating a Default Judgment
Chapter 9: Collecting Your Judgment
Ask for Your Money
Collection Methods
Driver’s License Suspension
After the Judgment Is Paid
Chapter 10: Appealing Your Case
Appendix A: Small Claims Advisors (and County Court Websites)
Appendix B: Mediation Programs by County
Appendix C: California Small Claims Statutes and Rules
Appendix D: List of Relevant Consumer Statutes
Appendix E: Statutes of Limitation
Appendix F: Questions for Judgment Debtor
Appendix G: Checklists
Appendix H: Demand Letters
Appendix I: Judicial Council Forms
Appendix J: List of Local Forms

Filing a small claims case allows you to have the court determine your legal rights in cases of up to
$5,000. Designed to be more simple and 'do-it-yourself' than typical court cases, small claims court can
still be very complicated unless you know the process and language of the courts. How to Win in Small
Claims Court in California simplifies and thoroughly explains everything you need to know to successfully
handle your own small claims case, whether you are the plaintiff or defendant.Complete with court
terminology, step-by-step instructions and the forms you need, this book makes filing or defending suits
in small claims court inexpensive and hassle-free.This book explains in simple language:Whether you
have a valid caseHow to file your caseArguing your caseDefending your caseSettling your
caseCountersuingRules of evidenceUsing expert witnessesFollowing rules of evidenceCollecting your
judgmentGarnishing wages
Author Bio
Royce Orleans Hurst
Royce Orleans Hurst, a member of the California Bar since 1979, maintains her law and mediation offices
in Newport Beach and Fullerton, California. Her academic degrees include a B.A. with a major in
sociology from Queens College of CUNY, an M.A. in American Studies from California State University in
Los Angeles, and a J.D. from Western State University College of Law. A Certified Seminar Leader, she
often holds workshops on legal issues for local colleges, community groups, parenting classes and the
general public.

Mark Warda
Mark Warda received his B.A. from the University of Illinois in Chicago and his J.D. from the University of
Illinois in Champaign. He practiced law in Clearwater, Florida, then gave up a busy practice to publish
self-help law books. He has written or co-authored over forty self-help law books, including How to Win in
Small Claims Court in Florida.
Claims Court in Florida.

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