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Statute of Limitations for Small Claims Court

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  • 07-13-2019, 03:16 PM
    Blueberrie
    Statute of Limitations for Small Claims Court
    My question involves personal property located in the State of: California


    I am co-owner on a piece of property that is in a gated community in the middle of the national forest. There is a Homeowners Association.

    We have an ongoing event in our national forest that is killing all the pine trees. Over 100 trees died on our 1-acre lot. The HOA has required that all the dead trees be taken down.

    My co-owner did not want to help pay to have the trees removed. This property is a triangle shape with a road on two sides. We have 5 neighbors, 5 cabin-like structures and 2 travel trailers that were close enough for the dead trees to fall on. I was forced to remove and bear the cost of the tree removal. I was concerned that a tree would fall on someone's cabin, or worse, fall on someone and kill them. This was a real threat. It cost me over $10,000.

    I have not been able to collect any money from my co-owner towards the removal of these trees and would like to sue for reimbursement in small claims court.

    My question is, what is the statute of limitations for my situation? Here is what I have found in my search for the answer but none of the below seem to apply to my situation.

    Any help is appreciated.

    Thank you.


    Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
    Breach of a written contract: Four years from the date the contract was broken.
    Breach of an oral contract: Two years from the date the contract was broken.
    Property damage: Three years from the date the damage occurred.
  • 07-13-2019, 03:28 PM
    jk
    Re: Statute of Limitations for Small Claims Court
    did you speak to the co owner prior to removing the trees and who might pay for the work? . Was there any discussion as to the scope of work to be performed?
  • 07-13-2019, 03:41 PM
    Blueberrie
    Re: Statute of Limitations for Small Claims Court
    Yes, I spoke to her. She wanted to let them fall. I did not have the option to let them fall due to the liability.

    She has said she will pay me back several times but she has made no attempt to do so.
  • 07-13-2019, 04:05 PM
    Taxing Matters
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting Blueberrie
    View Post
    My question involves personal property located in the State of: California

    My question is, what is the statute of limitations for my situation? Here is what I have found in my search for the answer but none of the below seem to apply to my situation.

    This type of claim is an action for contribution. In that type of action, it is the two year statute of limitations in California Code of Civil Procedure section 339 that appears to apply. In a relatively recent unpublished opinion a California appeals court explains: "The Supreme Court held the two-year statute of limitations in section 339 began to run on any claims of the parties arising out of their cotenancy relationship as soon as the plaintiff had repudiated the agreement. (See Willmon, supra, 168 Cal.App.4th at p. 372 [once plaintiff had repudiated defendant's interest in the property by denying any cotenancy existed, 'the parties became adversaries, and as to any right or cause of action growing out of the cotenancy relationship, which might be asserted by either against the other, [including contribution,] the statute of limitations immediately began to run'].) Broukhim v. Broukhim, No. B232563, 2012 WL 925018, at *3 (Cal. Ct. App. Mar. 20, 2012).

    It appears that the two years would start to run either when you incurred the cost or when you made the demand for the contribution. I can't tell which it is in this context without doing a lot more digging in the case law so the safest thing would be to ensure that you file the lawsuit within two years of the earlier of the two.
  • 07-13-2019, 04:32 PM
    Blueberrie
    Re: Statute of Limitations for Small Claims Court
    Unfortunately, it has been over two years.

    Had they been allowed to fall and someone had lost their life, who would be liable?

    More trees have died and need to be removed. More will die and I am out of money.

    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?
  • 07-13-2019, 07:03 PM
    latigo
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting Blueberrie
    View Post
    My question involves personal property located in the State of: California I am co-owner on a piece of property that is in a gated community in the middle of the national forest. . . . . . My question is, what is the statute of limitations for my situation?

    .

    PLEASE do not despair! The short answer is that your claim is not barred by any statute of limitations.

    You may have lost some trees, but you are not out of the woods with respect to your claim for contribution from you obstinate co-owner. In fact you are in luck legal and time wise.

    The reason has to do with the very California line of case law mentioned in the response from Taxing Matters.

    Briefly these authorities establish that the two-year period of limitations for an accounting and contribution from a fellow co-owner for expenditures made for the benefit of the property DO NOT BEGIN TO RUN unless or until the defendant has repudiated the existence of the cotenancy!

    Not my words, but those of the of the Los Angeles Superior Court in Broukhim v. Broukhim No. BC400089, as follow:

    "Nothing in Willmon established a two year limitation period for contribution actions (between co-owners) if the cotenancy has not been repudiated.''

    "To the contrary Willmon holds that the statute of limitations does not begin to run an a claim for contribution unless or until the parties ownership interest in the property becomes adversarial."


    "Here unlike Willmon and Regalado there was no evidence that either Roya or the defendant Fariborz had repudiated the cotenancy until Roya had filed her partition action and contribution claim. Accordingly, the trial court correctly ruled as a matter of law that there was no statutory bar to any of Roya's contribution claims."

    So, go ahead and file your $10K lawsuit for contribution and let your mulish co-owner attempt to squirm out of it. Then with a judgment in hand make a demand on him or her to pay up. If not, then cause a levy execution against his or her undivided ownership in the property and have the Sheriff sell it at a public auction and you bid in your judgment.(Ask your attorney for the details.)

    Good luck and keep us posted, PLEASE.
  • 07-13-2019, 07:14 PM
    adjusterjack
    Re: Statute of Limitations for Small Claims Court
    Blueberrie, how is it that you have a co-owner of the property?

    Explain in detail. Might have a bearing on helpful comments.
  • 07-13-2019, 07:21 PM
    Blueberrie
    Re: Statute of Limitations for Small Claims Court
    Thank you Latigo!

    This gives me the motivation to move forward.

    My co-owner is relative.

    *******************************

    Hi Adjusterjack,

    Originally myself, my mother, my uncle, and my cousin bought the property. My mother died and left me her quarter. My uncle died and left my cousin his quarter.
  • 07-13-2019, 07:50 PM
    llworking
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting Blueberrie
    View Post
    Thank you Latigo!

    This gives me the motivation to move forward.

    My co-owner is relative.

    *******************************

    Hi Adjusterjack,

    Originally myself, my mother, my uncle, and my cousin bought the property. My mother died and left me her quarter. My uncle died and left my cousin his quarter.

    Is the acreage worth any kind of significant money now? You have already put 10k into taking down pine trees and it sounds like more need to come down. Its the acreage worth the money that appears to need to be put into it?
  • 07-13-2019, 10:06 PM
    adjusterjack
    Re: Statute of Limitations for Small Claims Court
    Quote:

    Quoting Blueberrie
    View Post

    Hi Adjusterjack,

    Originally myself, my mother, my uncle, and my cousin bought the property. My mother died and left me her quarter. My uncle died and left my cousin his quarter.

    I figured it was something like that. Well, the reality is that you'll never see a nickel from your cousin, at least not without spending thousands on litigation. Even if you win a lawsuit, collecting is likely to be problematic unless your lawsuit is a Partition Action (google it) where you force the sale of the property and hope that the court awards you a bigger share to cover the money that you spent.

    If you aren't willing to do that, your cousin can shine you on forever.
  • 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.
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