Neighbor dispute over landscaping

[mlee73]

Hi I live in California, Orange county,

Last year(Nov. 1st, 2020), my next door neighbor(a landlord, not living at the property) did a landscaping - planting grass on the shared front lawn by their gardeners. (Neighbors were not present) when the gardeners finished their half, I asked the gardeners if they could do the same thing on our side since my side was bare. They said they can do it right then for $100 with the leftover sod. I agreed and they did the work. On the same night, the landlord couple visited me and told me the sod was supposed to be used elsewhere, I was surprised and offered that I am willing to pay for the sod material(tried to be a good neighbor, honestly i think they should talk to their gardeners) They said it's fine and will talk to their gardeners.

A year passed, on Nov 4th, 2021, they sent me an email that I owe them $500 or take care of their palm tree trimming for 3 years for the sod that I used without their permission. they said they remember that I offered to pay for the sod but they didn't refuse but agreed that I will pay it later in other forms.(which sounds weird and never happened)

I disagreed with their memory. But in good faith, I told them I will still honor to pay for the sod but $500 is not right because the area is about 175 sqft.
I linked a home depot sod price(about $1 for 1sqft) and offered them to give $200.

they responded that i don't get to set the price of the property that I used without their permission and the sod was high quality from san diego(i live in orange county) including delivery.

I asked them to show invoice or the name of the store to confirm the price but they refused and keep demanding $500 or palm tree trimming for 3 years. and gave me an ultimatum that if i don't pay them by tonight(12/9/2021), they will file a small claim with their gardener as witness.
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I think they're being ridiculous but this is the first time I get a lawsuit threat and wonder if I did anything wrong or miss anything?
thank you for reading, any opinions are appreciated.

 

[quincy]

What is the name of your state? Never mind. I see now that you are in San Diego/Orange County.

I don’t see that the landlord/neighbor has much to support his demands - but he can file suit against you anyway and you will need to respond to the suit.

 

[mlee73]

What is the name of your state?

california, orange county

 

[quincy]

california, orange county

Yes. Sorry. I edited my post after I noticed you included the information in the text of your post.

 

[mlee73]

Yes. Sorry. I edited my post after I noticed you included the information in the text of your post.

no, I edited my post after I saw your question. I didn't understand the template question and deleted.

 

[Zigner]

It's very easy to threaten to sue someone...

 

[quincy]

I don’t think the landlord/neighbor has much of a lawsuit, based on what you have presented as facts. You paid $100 to the landscapers to sod a portion of your lawn, correct? You might want to contact the landscapers to get their statements.

 

[Zigner]

I don’t think your landlord has much of a lawsuit, based on what you have presented as facts. You paid $100 to the landscapers to sod a portion of your lawn, correct? You might want to contact the landscapers to get their statements.

Agreed - if anything, the neighbors need to go after their landscaper for the sod or the cost of the sod. He's the one who stole the sod to sell it and pocketed the money.

 

[mlee73]

I don’t think the landlord/neighbor has much of a lawsuit, based on what you have presented as facts. You paid $100 to the landscapers to sod a portion of your lawn, correct? You might want to contact the landscapers to get their statements.

Yes, the landscapers told me that they have leftover sod and quoted me for $100 for planting them. I paid in cash(I was surprised because it was so cheap.) I think it'd be hard to get their statement because they seem to have been working for my neighbor for a long time. and i don't have the direct contact of them.

 

[quincy]

Yes, the landscapers told me that they have leftover sod and quoted me for $100 for planting them. I paid in cash(I was surprised because it was so cheap.) I think it'd be hard to get their statement because they seem to have been working for my neighbor for a long time. and i don't have the direct contact of them.

I suggest you tell your neighbor that he should look to his landscapers as they were the ones who sold you the sod.

 

[mlee73]

I suggest you tell your neighbor that he should look to his landscapers as they were the ones who sold you the sod.

I told them that but they're saying they will bring the landscaper as their witness. I don't understand them. they must be really stupid or they think I am really stupid.

 

[mlee73]

I told them that but they're saying they will bring the landscaper as their witness. I don't understand them. they must be really stupid or they think I am really stupid.

oh actually, I have a legal question. Does the court still take this kind of ridiculous case too? Does small claims court denies to hear certain claims?

 

[PayrollHRGuy]

oh actually, I have a legal question. Does the court still take this kind of ridiculous case too? Does small claims court denies to hear certain claims?

Very seldom does small claims court refuse to hear a case if the paperwork is properly filed.

 

[adjusterjack]

Does the court still take this kind of ridiculous case too?

Yes.

Does small claims court denies to hear certain claims?

No.

Once the lawsuit is filed the judge has no choice but to hear the case on it's merits.

If it was me I would withdraw the offer (do it in writing) and tell the neighbor to go ahead and sue. Then stop talking to him.

"Landscapers" (and I use the term loosely) are often nothing more than handymen who do yardwork for a living. I'd be surprised if the "landscaper" would even appear in court. If he does, you should be able to make short work of him.

 

[zddoodah]

Does the court still take this kind of ridiculous case too? Does small claims court denies to hear certain claims?

How would a judge or anyone else at the court determine that a case is "ridiculous" without first hearing the case? You don't think that a court is simply going to take you at your word that the case is "ridiculous" and say, "oh...he says it's 'ridiculous,' so I won't even bother," do you?