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  1. #11
    Join Date
    Jul 2018
    Posts
    1,655

    Default Re: Statute of Limitations for Small Claims Court

    Quote Quoting Blueberrie
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    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
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    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
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    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
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    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    P.S. Decisions by a superior court are not binding precedent and almost never are regarded as persuasive.

  2. #12
    Join Date
    Jul 2019
    Posts
    21

    Default Re: Statute of Limitations for Small Claims Court

    Quote Quoting pg1067
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    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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