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  1. #1

    Default 1 Year Limit to File; but How Does 9 Months Look Like to Judge?

    My question involves small claims court in the state of: CA

    I had a roommate who committed sub-rental fraud, assaulted me, and stole my brand new LCD TV which I have to pay on for many years. I have diabetes and was sick much of the winter, probably from stress and I did not get the demand letter out then. Does filing at 9 months after the theft look bad to the Small Claims Court Judge? Limit is 1 year. (If I can find her by certified mail; she hid). The D.A. had opened a felony case, but closed it due to lack of hard evidence. I have enough evidence for civil court, though.

  2. #2
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    Default Re: 1 Year Limit to File; but How Does 9 Months Look Like to Judge?

    Quote Quoting Heavenleelady
    View Post
    My question involves small claims court in the state of: CA

    I had a roommate who committed sub-rental fraud, assaulted me, and stole my brand new LCD TV which I have to pay on for many years. I have diabetes and was sick much of the winter, probably from stress and I did not get the demand letter out then. Does filing at 9 months after the theft look bad to the Small Claims Court Judge? Limit is 1 year.

    It matters NOT whether the Judge likes it "personally" or not. As long as the action is timely filed within the statute of limitations/Repose, IF the Defendant wishes to assert any equitable doctrine of delay, such as Laches, let them plead such.

    "Laches" means no person should be able to just "sit on thier rights" and not act on them. From case law I have read over the years, such defenses rarely succeed??

    For a 1 year limitation period, even 11 months and 20 days is reasonable!!

    Now, if a SOL is 15 years and 14 years and 11 months whip by and a suit is filed, then, that may be another story???

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