Re: Statute of Limitations for Small Claims Court
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Blueberrie
My question is, what is the statute of limitations for my situation?
Probably the two year SOL in CCP 339 ("An action upon a[n] . . . obligation or liability not founded upon an instrument of writing").
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Blueberrie
Had they been allowed to fall and someone had lost their life, who would be liable?
The owners of the property - assuming they were actually or constructively aware of the hazardous situation and failed to act reasonably.
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Blueberrie
More trees have died and need to be removed. More will die and I am out of money.
Sounds like you ought to consider selling your interest in the property.
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Blueberrie
She has told me many times over the past 2 plus years that she will pay me back. My question now would be, every time she tells me she will pay me back does it reconstitute a new oral contract?
No.
P.S. Decisions by a superior court are not binding precedent and almost never are regarded as persuasive.
Re: Statute of Limitations for Small Claims Court
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pg1067
Sounds like you ought to consider selling your interest in the property
My goal is to terminate the partnership. I thought I might be able to get a judgment so I could put a lien on her share of the property and then force a sale with reimbursement.
I have offered to buy her out at 5x her investment. She rejected it. She can not afford to buy me out so all I have left is to force a sale. I'm sure it will cost a ton of money in legal fees to end the partnership but my health is being affected and I need piece of mind so I will do what it takes to end it.
I cant think of any other options I have. Any ideas would be greatly appreciated.