Neighbor dispute over landscaping

[quincy]

Here is a link to California’s Small Claims information:

https://www.courts.ca.gov/selfhelp-smallclaims.htm?rdeLocaleAttr=en

 

[mlee73]

How would a judge or anyone else at the court determine that a case is "ridiculous" without first hearing the case? You don't think that a court is simply going to take you at your word that the case is "ridiculous" and say, "oh...he says it's 'ridiculous,' so I won't even bother," do you?

because the complaint itself may sound ridiculous even before hearing my side..
for example, "I drove over my dog because my neighbor distracted me while I was driving, I demand him to pay me $1000"

but yeah i understand that the small claim court wouldn't dismiss cases unless it's the repeated claim or something.

 

[quincy]

because the complaint itself may sound ridiculous even before hearing my side..
for example, "I drove over my dog because my neighbor distracted me while I was driving, I demand him to pay me $1000"

but yeah i understand that the small claim court wouldn't dismiss cases unless it's the repeated claim or something.

Cases can be dismissed but I am not sure you have a sufficient and supportable reason to get it dismissed.

Here is (yet another ) link on information that briefly goes over what supportable reasons for a suit’s dismissal are:

https://www.scscourt.org/self_help/small_claims/defendant/small_claims_defendant.shtml

 

[adjusterjack]

because the complaint itself may sound ridiculous even before hearing my side..
for example, "I drove over my dog because my neighbor distracted me while I was driving, I demand him to pay me $1000"

That's not as farfetched as you think. Negligence law is complicated. There are a number of factors to be determined regarding liability and damages. I can envision scenarios where the neighbor could be liable, or partially liable, and you could be entitled to some compensation. No, I'm not going to get into them here.

 

[zddoodah]

because the complaint itself may sound ridiculous even before hearing my side..
for example, "I drove over my dog because my neighbor distracted me while I was driving, I demand him to pay me $1000"

but yeah i understand that the small claim court wouldn't dismiss cases unless it's the repeated claim or something.

Here's a link to the document that is used to initiate a small claims case (the "Plaintiff's Claim and ORDER to Go to Small Claims Court"). As you can see, the sections where the plaintiff describes his/her/its claim (3(a) and 3(c)) are pretty small. While some folks will attach additional pages, most don't.

The way a small claims case works is that the plaintiff files this document and then has it served on the defendant. The parties then show up for their trial. That's it. There are a couple of pretrial motions that can be made, but they are rather uncommon. Even if someone writes something dumb like your example, the judge isn't going to read the claim form until, at the earliest, the night before the trial and, in some cases, on the bench as the case is being called or not at all.

 

[quincy]

The link I provided earlier has small claims information that is pretty easy to follow.

The important thing, though, is to make sure you show up on the scheduled date and time.

If you don’t show up for the hearing, a default judgment can be entered. You don’t want that, especially since your neighbor does not appear to have a good case against you.

Of course, your neighbor’s threat to sue could just be an idle threat. He might be trying to intimidate you into paying what he wants you to pay with no real intention of taking you to court.

(edited out inapplicable information -thanks doucar).

 

[doucar]

Unless the rules in California have changed in the last few years, there is no need to file a response in a small claims case, just show up early to make sure you are not late and the case gets called before you arrive. As former small claims judge pro tem in California, although not Orange County, I read the files the afternoon before the court date and never ruled on a motion before the hearing.

 

[LdiJ]

Hi I live in California, Orange county,

Last year(Nov. 1st, 2020), my next door neighbor(a landlord, not living at the property) did a landscaping - planting grass on the shared front lawn by their gardeners. (Neighbors were not present) when the gardeners finished their half, I asked the gardeners if they could do the same thing on our side since my side was bare. They said they can do it right then for $100 with the leftover sod. I agreed and they did the work. On the same night, the landlord couple visited me and told me the sod was supposed to be used elsewhere, I was surprised and offered that I am willing to pay for the sod material(tried to be a good neighbor, honestly i think they should talk to their gardeners) They said it's fine and will talk to their gardeners.

A year passed, on Nov 4th, 2021, they sent me an email that I owe them $500 or take care of their palm tree trimming for 3 years for the sod that I used without their permission. they said they remember that I offered to pay for the sod but they didn't refuse but agreed that I will pay it later in other forms.(which sounds weird and never happened)

I disagreed with their memory. But in good faith, I told them I will still honor to pay for the sod but $500 is not right because the area is about 175 sqft.
I linked a home depot sod price(about $1 for 1sqft) and offered them to give $200.

they responded that i don't get to set the price of the property that I used without their permission and the sod was high quality from san diego(i live in orange county) including delivery.

I asked them to show invoice or the name of the store to confirm the price but they refused and keep demanding $500 or palm tree trimming for 3 years. and gave me an ultimatum that if i don't pay them by tonight(12/9/2021), they will file a small claim with their gardener as witness.
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I think they're being ridiculous but this is the first time I get a lawsuit threat and wonder if I did anything wrong or miss anything?
thank you for reading, any opinions are appreciated.

You made a mistake offering to pay for the sod in the first place. Their "landscaper" sold you the sod. You should have referred them to their landscaper and washed your hands of the matter to start with.

 

[mlee73]

Here's a link to the document that is used to initiate a small claims case (the "Plaintiff's Claim and ORDER to Go to Small Claims Court"). As you can see, the sections where the plaintiff describes his/her/its claim (3(a) and 3(c)) are pretty small. While some folks will attach additional pages, most don't.

The way a small claims case works is that the plaintiff files this document and then has it served on the defendant. The parties then show up for their trial. That's it. There are a couple of pretrial motions that can be made, but they are rather uncommon. Even if someone writes something dumb like your example, the judge isn't going to read the claim form until, at the earliest, the night before the trial and, in some cases, on the bench as the case is being called or not at all.

thank you for the helpful answer. I understand better about the process now.

 

[mlee73]

Of course, your neighbor’s threat to sue could just be an idle threat. He might be trying to intimidate you into paying what he wants you to pay with no real intention of taking you to court.

yes, I think that's the case here. but you'll never know how stupid people can get. Thank you so much for helpful advices.

 

[mlee73]

You made a mistake offering to pay for the sod in the first place. Their "landscaper" sold you the sod. You should have referred them to their landscaper and washed your hands of the matter to start with.

yes, i realized that. I was trying to be a good person i guess. I already told him that the responsibility lies in the landscaper but this person is being ridiculous that the landscaper is a witness to my 'crime'(?) and saying the landscaper will testify in court for him. /smh/
I will send him an email that I rescind my initial offer.

 

[mlee73]

If it was me I would withdraw the offer (do it in writing) and tell the neighbor to go ahead and sue. Then stop talking to him.

"Landscapers" (and I use the term loosely) are often nothing more than handymen who do yardwork for a living. I'd be surprised if the "landscaper" would even appear in court. If he does, you should be able to make short work of him.

Thank you, I will email him that I rescind my initial offer to pay him. That's a good idea.

 

[quincy]

yes, i realized that. I was trying to be a good person i guess. I already told him that the responsibility lies in the landscaper but this person is being ridiculous that the landscaper is a witness to my 'crime'(?). and saying the landscaper will testify in court for him. /smh/
I will send him an email that I rescind my initial offer.

The landscaper probably is getting a bit nervous because it seems apparent (from what you have said) that he had no authority to sell you the leftover sod. I hope if he IS called as a witness, he doesn’t lie to protect his job.

Good luck, mlee73. If you have the time to provide us with updates, they are always appreciated.

 

[LdiJ]

The landscaper probably is getting a bit nervous because it seems apparent (from what you have said) that he had no authority to sell you the leftover sod. I hope if he IS called as a witness, he doesn’t lie to protect his job.

Good luck, mlee73. If you have the time to provide us with updates, they are always appreciated.

It would be a bit difficult for him to lie. After all, he did collect money from the OP and did install/plant the sod.

 

[mlee73]

The landscaper probably is getting a bit nervous because it seems apparent (from what you have said) that he had no authority to sell you the leftover sod. I hope if he IS called as a witness, he doesn’t lie to protect his job.

Good luck, mlee73. If you have the time to provide us with updates, they are always appreciated.

you were very kind and helpful, thank you! I will update if my neighbor is stupid enough to actually sue me.