loss of use small claim suit

[dsk5699]

looking for information on spefic code i can use in filing small claims against a contractor for loss of use of 50% of my home over a 3 month period because of damage caused by contractors negligence even though i continued to pay for full use of home to first trustee mortgage holder. i have been paid by insurance for the work on the house. the contractor admitted liability. can i sue for loss of use, and if so what is specific ca code.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The cost of the house the insurance took care of. You are suing for loss of use of the home? How much money are you out?

These damages for loss of use would fall under consequential damages.
Here is the link: review all these sections:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20

DIVISION 4. GENERAL PROVISIONS
PART 1. RELIEF
TITLE 1. RELIEF IN GENERAL .................................... 3274-3275
TITLE 2. COMPENSATORY RELIEF
CHAPTER 1. DAMAGES IN GENERAL
Article 1. General Principles ............................... 3281-3283
Article 2. Interest as Damages .............................. 3287-3291
Article 3. Exemplary Damages ................................ 3294-3296
CHAPTER 2. MEASURE OF DAMAGES
Article 1. Damages for Breach of Contract ................... 3300-3321
Article 2. Damages for Wrongs ............................. 3333-3343.7
Article 3. Penal Damages .................................... 3344-3346
Article 4. General Provisions ............................... 3353-3360