dsk5699 said:
because of the negligence of a contractor, water damage was done to part of the wood floor. it was rather a large area. because the wood floor that was in at the time had been discontinued and no match could be made, the entire downstairs floor had to be replaced. it took three months. during that time i was actually only afforded use of mainly the upstairs. total loss to me is in the $12,000 range. i am aware you can file as many suits in small claims court as you want up to $2500 a piece, or two at $5,000. since it was a three month period, i assume i can either file three at $2500 or 2 at $5000. i would obviously like to do the latter if possible. thank you for all your help so far.
My response:
I don't know where you got the information on multiple Small Claims lawsuits, but you're wrong. A plaintiff cannot sue on only part of what is basically a single claim. Suit on any part bars later suit on the balance. For example, if a landlord sues for only part of the rent owed when the action was filed, no later suit can be brought for the balance. [Lekse v. Mun.Ct. (1982) 138 Cal.App.3d 188, 194, 187 Cal.Rptr. 698, 702--second small claims judgment held void]
The entire contracting job, by the one contractor, is considered a single claim, and you must bring all current claims against the contractor in one, single, Small Claims lawsuit.
If you want more money for your damages, you must bring your lawsuit in a court having greater jurisdiction.
IAAL
[Edited by I AM ALWAYS LIABLE on 11-18-2000 at 12:15 PM]
