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being sued for damages that haven't been incurred

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SoCalBoy

Junior Member
What is the name of your state? CA
I have tree branches growing into my neighbor's yard. He asked me to have them trimmed and I agreed. Due to personal circumstances I haven't been able to get it done as quickly as he wanted and he filed a small claims action. He is asking for $500 with the justification being that he got an estimate from a tree trimmer for that amount.

Is this a valid thing to ask for in small claims court? In my (unlawyerly) mind, he's asking to be reimbursed for an expense that he hasn't paid and isn't owed it. Also, we never discussed the possibility of him having someone else trim the tree and having me repay. The only discussion was that I would take care of it and I still will as soon as I can.
 


seniorjudge

Senior Member
Q: Is this a valid thing to ask for in small claims court? In my (unlawyerly) mind, he's asking to be reimbursed for an expense that he hasn't paid and isn't owed it. Also, we never discussed the possibility of him having someone else trim the tree and having me repay. The only discussion was that I would take care of it and I still will as soon as I can.

A: I agree; I cannot see where he has been damaged. If he takes you to court, tell the judge you can't see it either. And hope the judge can't see it either!
 

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