ExpertLaw.com Forums

Statute of Limitations for Small Claims Court

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 07-15-2019, 11:20 AM
    pg1067
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting Blueberrie
    View Post
    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").

    Quote:

    Quoting Blueberrie
    View Post
    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.


    Quote:

    Quoting Blueberrie
    View Post
    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.


    Quote:

    Quoting Blueberrie
    View Post
    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    P.S. Decisions by a superior court are not binding precedent and almost never are regarded as persuasive.
  • 07-17-2019, 09:46 AM
    Blueberrie
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting pg1067
    View Post
    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.
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 08:48 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved