multiple plaintiffs/defendants

[sarita832]

What is the name of your state (only U.S. law)? CA
6 neighbors are suing 3 other neighbors for nuisance consisting of leaving their barking dogs outside day and night. 2 defendants own one dog and one owns the other dog. The 6 neighbors are two couples and two individuals. Each of the plaintiffs wants to sue for the maximum $7,500. Does each plaintiff file a separate claim form SC-1000 against each set of dog owners, or do all the plaintiffs file a single claim form, adding plaintiffs with form SC-100A and each pay a filing fee? I'm trying to help all the neighbors but I am real confused on how many claims and filing fees to file.

 

[Antigone*]

What is the name of your state (only U.S. law)? CA
6 neighbors are suing 3 other neighbors for nuisance consisting of leaving their barking dogs outside day and night. 2 defendants own one dog and one owns the other dog. The 6 neighbors are two couples and two individuals. Each of the plaintiffs wants to sue for the maximum $7,500. Does each plaintiff file a separate claim form SC-1000 against each set of dog owners, or do all the plaintiffs file a single claim form, adding plaintiffs with form SC-100A and each pay a filing fee? I'm trying to help all the neighbors but I am real confused on how many claims and filing fees to file.

You will not be successful in small claims court in California. It is not the proper court for this type of action.

In addition, if you are not an attorney, you cannot "help" your neighbors with this concern.

 

[sarita832]

Of course you can sue for nuisance in CA. And of course you can fill out paperwork for neighbors who don't have a computer. I hope I get advice from someone who actually knows what they are talking about.

 

[Antigone*]

Of course you can sue for nuisance in CA. And of course you can fill out paperwork for neighbors who don't have a computer. I hope I get advice from someone who actually knows what they are talking about.

I did not say you couldn't sue for nuisance in California, so don't put words in my mouth.

You can continue on your idiotic quest, but you won't be successful.

 

[latigo]

What is the name of your state (only U.S. law)? CA
I'm trying to help all the neighbors but I am real confused on how many claims and filing fees to file.

If you are duly licensed to practice law in California your state, then fine.

But if you are not, then what you have been doing in assisting your neighbors in preparing court filings amounts to the commission of a crime?

If not so licensed, then before continuing to help your neighbors prepare legal documents you would do well to read the following"

"Any person advertising or holding himself or herself out
as practicing or entitled to practice law OR OTHERWISE PRACTICING LAW
who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is guilty of a misdemeanor punishable
by up to one year in a county jail or by a fine of up to one thousand
dollars ($1,000), or by both that fine and imprisonment.”
Section 6126 (a) California’s Business and Professional Code:
_______________________

If you are in doubt as to what constitutes the practice of law, the California Supreme Court * has defined it to include, but not limited to:

“Providing legal advice and legal instrument and contract preparation, whether or not these subjects were rendered in the course
of litigation.”

And please don’t make the mistake of assuming that remuneration for such prohibited services is an element of the crime. It isn't!
____________________

I fully understand that you have no intention of acting improperly and what you have been doing is isolated and rather minor.

Yet I recall a post from a Minnesota lady last winter in which she reported that she was facing a $10,000 fine imposed by the Minnesota Supreme Court - and not just once - but for ever incident in which she was assisting couples in preparing pro se divorce court filings.

 

[Antigone*]

If you are duly licensed to practice law in California your state, then fine.

But if you are not, then what you have been doing in assisting your neighbors in preparing court filings amounts to the commission of a crime?

If not so licensed, then before continuing to help your neighbors prepare legal documents you would do well to read the following"

"Any person advertising or holding himself or herself out
as practicing or entitled to practice law OR OTHERWISE PRACTICING LAW
who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is guilty of a misdemeanor punishable
by up to one year in a county jail or by a fine of up to one thousand
dollars ($1,000), or by both that fine and imprisonment.”
Section 6126 (a) California’s Business and Professional Code:
_______________________

If you are in doubt as to what constitutes the practice of law, the California Supreme Court * has defined it to include, but not limited to:

“Providing legal advice and legal instrument and contract preparation, whether or not these subjects were rendered in the course
of litigation.”

And please don’t make the mistake of assuming that remuneration for such prohibited services is an element of the crime. It isn't!
____________________

I fully understand that you have no intention of acting improperly and what you have been doing is isolated and rather minor.

Yet I recall a post from a Minnesota lady last winter in which she reported that she was facing a $10,000 fine imposed by the Minnesota Supreme Court - and not just once - but for ever incident in which she was assisting couples in preparing pro se divorce court filings.

...not to mention the fact (again) that this cannot be accomplished in small claims court.

Obviously the OP is smarter than we are Latigo so don't be surprised if she tells us we have no clue

 

[calatty]

A small claims nuisance suit by a group of neighbors is a common way to restrain a neighbor who is creating a nuisance by excessive noise, such as barking dogs. See, for example, Dog Law :: Barking Dogs > Small Claims Court :: DogLaw.HugPug.com or http://www.housingrights.org/renters/pdfs/communitynuisances.pdf. The couples can sue as joint plaintiffs, but would be restricted to claiming $7500 per couple. If they wish to sue for $7,500 each, they should do so separately. They should sue each dog owner separately. You would not be violating Bus. & Prof. section 6126, practicing law without a license, if you are merely assisting them in typing the forms for them without giving them legal advice.