Daly City California Plaintiff's Claim and Order to go to Small Claims Court

State:
California
City:
Daly City
Control #:
CA-SC-100
Format:
PDF
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Description

Plaintiff's Claim and Order to Defendant: This form instructs a Defendant that he/she has been named in a small claims court lawsuit. In addition, the form supplies the Defendant with the claims made by the Plaintiff, and demands that he/she be present at the trial on the matter.

Daly City, California Plaintiff's Claim and Order to go to Small Claims Court is a legal document utilized by individuals or businesses seeking monetary compensation for damages or losses incurred within the city of Daly City, California. It serves as a formal complaint initiating a small claims court case. One of the types of plaintiff's claims in Daly City involves personal injury cases. These typically arise when an individual suffers physical or emotional harm due to someone else's negligence or intentional actions. The plaintiff may file a claim seeking compensation for medical expenses, lost wages, pain and suffering, or property damage resulting from the incident. Another type of plaintiff's claim in Daly City concerns property disputes. This could involve issues such as landlord-tenant disputes, breaches of contract, or disagreements over property damage or security deposits. The plaintiff may file a claim to resolve the matter and seek compensation for any financial losses endured as a result. Additionally, Daly City plaintiff's claims may involve cases related to breach of contract. If a party fails to fulfill the terms outlined in a legally binding agreement, the other party can file a claim to seek remedies and potentially recover damages. To initiate the small claims court process in Daly City, the plaintiff must complete a Plaintiff's Claim and Order to go to Small Claims Court form. This form requires detailed information regarding the defendant's name, address, and contact details. The plaintiff needs to explain the basis of their claim, describe the damages or losses suffered, and provide supporting documentation such as invoices, receipts, or photographs as evidence. Once the Plaintiff's Claim and Order to go to Small Claims Court form is completed, it must be filed with the appropriate small claims court in Daly City. The filing fee must also be paid, which varies based on the amount being claimed and the specific court jurisdiction. After the form is submitted, the court will issue a date for the small claims hearing, where the plaintiff and defendant will provide their arguments and present evidence. It is recommended for both parties to gather all relevant materials, including any witnesses or documentation in support of their case. In conclusion, Daly City California Plaintiff's Claim and Order to go to Small Claims Court is a key legal document utilized in various types of cases within the city. Whether it involves personal injury, property disputes, or breaches of contract, this form is crucial for initiating the small claims court process and seeking fair compensation.

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FAQ

A small claims case is a civil action for a money judgment in which the amount of damages is $6,500 or less. An action for forcible entry and detainer arising out of a landlord tenant dispute can be brought in small claims court. In small claims court, cases are tried before a judge, not a jury.

Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.

Forms to initiate a small claims action are available in the Court Clerk's office. Small claims cases are set for hearing approximately 4 to 6 weeks after filing. Evictions are set for hearing between 5 and 10 days after filing....Small Claims. Type of ClaimFiling FeeIndebtedness greater than $5,000.$209.14 plus service3 more rows ?

You must arrange to have the subpoena served personally on the person named in the subpoena. The subpoena can be served by a constable, sheriff, private process server, or any person over eighteen years old who is not a party to the case. Along with the subpoena, you must also serve a check for a witness fee.

?A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the

Personal injury - Two years from the date of the injury. If the injury is not immediately discovered, it is two years from the date it is discovered or should have been discovered. A minor has two years from his or her 18th birthday to file a case. Oral contract - Two years from the date the contract is broken.

The small claims division of a district court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000.

Go to your county clerk's office and let them know you'd like to file a small claim. The clerk's office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business you're suing (the defendant) and the amount you're asking for.

The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000.

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Defendant's Claim and ORDER to Go to Small Claims Court. Clerk stamps date here when form is filed.In 2013 alone over 7 million cases were filed in the Civil Divisions of the California Superior Courts, with an additional 500,000 cases filed in family law. Get free access to the complete judgment in Dizon v. Get on With Your Life — Get advice before you agree to anything.) If questions come up after your case is over, know that you can get answers. California Supreme Court. There are advantages to taking your claim to small claims court. Street address: 468 Westlake Ave.

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Daly City California Plaintiff's Claim and Order to go to Small Claims Court