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Subject: Small Claims Court HOA Attorney California
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Author Messages
LorieS


Posts:0


09/13/2020 6:46 PM  
I have been in an water loss dispute with another owner who claims I damaged her property. The owner has refused to discuss the issue with me and only talks to the HOA. I have spoken to her in person once Where she said she would only refer to the general manager and another time through a certified letter. It has created a hostile environment with the HOA. So I decided to take her to small claims court to resolve the water loss damage issue.

So I sent her a demand letter last week to begin a small claims action against her.
. Which would be the third attempt at resolution over a five month period. A couple of days ago, I receive a letter from the HOA attorney that the owner gave the letter to the board and she has asked the HOA represent her in talks. And the HOA agreed. And that I have to talk to the HOA attorney about the smalls claims action. And that if I reach out to her again (with service of the official small claims action filed by the court) that I will be fined for being a “nuisance” and disturbing that owner.

How is this even acceptable?
ChrisE8
(New York)

Posts:32


09/14/2020 2:34 AM  
I would just go ahead and file the small claims action if you’re confident that you’re in the right, legally.
ChrisE8
(New York)

Posts:32


09/14/2020 2:36 AM  
Also, in small claims court you usually have to show that you incurred a loss that can be compensated by money paid to you. You can’t usually get a declaratory judgment or an injunction in small claims court. So what is the basis for your lawsuit?
TimB4
(Virginia)

Posts:16953


09/14/2020 2:48 AM  
Lorie's post count shows zero.

This often indicates that the individual has left the forum.



Why the Board would agree to represent an owner vs. an Association is odd.

Regardless of who is representing the individual, Lorie has been instructed to deal with the individuals attorney.
I would strongly suggest that Lorie does that.
I would also suggest that Lorie consults with her own attorney.

If the issue is truly small claims and only against the individual, to my understanding Attorneys can not represent individuals in small claims court. However, the Association attorney can represent the Association in small claims court (at least, last time I checked).

Again, it appears that Lorie has left the forum due to the post count.
JohnC77
(Washington)

Posts:136


09/14/2020 8:20 AM  
Posted By TimB4 on 09/14/2020 2:48 AM
Lorie's post count shows zero.

This often indicates that the individual has left the forum.



Why the Board would agree to represent an owner vs. an Association is odd.

Regardless of who is representing the individual, Lorie has been instructed to deal with the individuals attorney.
I would strongly suggest that Lorie does that.
I would also suggest that Lorie consults with her own attorney.

If the issue is truly small claims and only against the individual, to my understanding Attorneys can not represent individuals in small claims court. However, the Association attorney can represent the Association in small claims court (at least, last time I checked).

Again, it appears that Lorie has left the forum due to the post count.



Attornwy's are not allowed in Small Claims Court. They can be brought in if the defendant appeals the initial decision.
TimB4
(Virginia)

Posts:16953


09/14/2020 12:56 PM  
Posted By JohnC77 on 09/14/2020 8:20 AM



Attornwy's are not allowed in Small Claims Court. They can be brought in if the defendant appeals the initial decision.




This is not always true when filing against a corporation.

Per dummies.com:

If you’re suing a corporation or business, it’s prudent to hire a lawyer if possible. Because businesses entities are not living, breathing individuals, but legal entities, many states mandate that they have a lawyer present in all court proceedings.


ChrisE8
(New York)

Posts:32


09/14/2020 1:14 PM  
Each jurisdiction has its own rules about whether a lawyer can or must be allowed in small claims court. California largely prohibits them: https://www.dca.ca.gov/publications/small_claims/basic_info.shtml. In some states, you can have a lawyer represent you in small claims court, though.
JohnC77
(Washington)

Posts:136


09/14/2020 3:32 PM  
Posted By TimB4 on 09/14/2020 12:56 PM
Posted By JohnC77 on 09/14/2020 8:20 AM



Attornwy's are not allowed in Small Claims Court. They can be brought in if the defendant appeals the initial decision.




This is not always true when filing against a corporation.

Per dummies.com:

If you’re suing a corporation or business, it’s prudent to hire a lawyer if possible. Because businesses entities are not living, breathing individuals, but legal entities, many states mandate that they have a lawyer present in all court proceedings.





I do business in California. You CANNOT have an attorney present either for the plaintiff or the defendant in Small Claims Court until a case is appealed, then you can. You can hire an attorney to help, but they can't be in court representing either party.
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