CA - Procedure in Small Claims, need help please

[Lad]

What is the name of your state? CA
I posted a thread yesterday at 1:32 no replies yet. Looking to see if I can file the breach of K first while proving misrepresentation or fraud, then file on Civil Code 1770
(1770. (a) The following unfair methods of competition and unfair or
deceptive acts or practices undertaken by any person in a
transaction intended to result or which results in the sale or lease
of goods or services to any consumer are unlawful: ...) and get punitive damages under code 1784 as disabled as there aren't punitive normally in contract.
Also, have done some research on CA courts, but sources disagree - can I get the defendant to stipulate to "facts" he represented orally so I can disprove, or can I ask him for a spreadsheet in evidence while presenting my case?

 

[hearfocus]

I would post this question at www.creditinfocenter.com
discussion forum, legal folder. They'll help you

Good luck

 

[Lad]

I didn't see the legal link, but I'm not sure this site can help me, I know some of the procedural rules. Yersterday, I dismissed the case without prejudice and am going to refile to include misrep, fruad, etc. based on evidence I found. I want to ask the court to have him stipulate to facts before I begin my case so I can disprove with my evidence and show his deception..called a few attorney, no one seems to be able to answer if I can do that. I'd like to subpoena the DMV for the new owner of the snowmobile for price paid, but not sure if I can do that either...maybe someone else in the forum knows.
THanks for hte info, though

 

[weenor]

I didn't see the legal link, but I'm not sure this site can help me, I know some of the procedural rules. Yersterday, I dismissed the case without prejudice and am going to refile to include misrep, fruad, etc. based on evidence I found. I want to ask the court to have him stipulate to facts before I begin my case so I can disprove with my evidence and show his deception..called a few attorney, no one seems to be able to answer if I can do that. I'd like to subpoena the DMV for the new owner of the snowmobile for price paid, but not sure if I can do that either...maybe someone else in the forum knows.
THanks for hte info, though

Pull out the CA rules of civil procedure re: small claims. You will need to follow discovery procedures to obtain the information you need. A stipulation would be a legal agreement between the two of you as to the facts you both AGREE upon. I cannot teach you to be a lawyer on the internet. Go find one.

 

[Lad]

I did go through the rules

Of COURSE I checked Civ Pro. My damages, even with punitive, which I can collect under a certain civil code unrelated to contract law amount to $8250 without interest. I'll be happy with the $7500 in small claims. Problem is, small claims help/assistance from the courts is virtually limited to showing one how to fill out forms, which I can certainly do. They couldn’t answer questions on amending the claim, specificity of facts underlying cause of action, etc. And I checked all those self help sites on the internet and the small claims legal advisor, etc. etc. etc. Did I ask you or anyone for a legal education? No, just advice. I called the CA Bar and about 6 county bars for help with this, none of the attorneys were familiar with small claims procedures..e.g., testimony, if I would have period for rebuttal, etc. Even the civil attorneys I spoke with could not interpret accord and satisfaction - so I'll use the restatement of K's, and I will visit the law library for case law and go from there. Unless someone on this site can actually HELP me with this, then I'd be happy (overjoyed) to listen. Other then that, please be psoitive, no sniping. In case YOU did not know, there's no discovery in small claims, and replies to a subpoena go right to the court, not me and that's no help.