Summary
Filing separately in small claims court allows each co-owner to potentially recover up to $10,000, totaling $20,000, even for the same incident. Superior Court may be better for full damages. Statutes of limitations vary: product defect and negligence (2 years), warranty (usually 4 years), fraud/concealment (3 years). Joint filing in small claims may limit recovery to $10,000 total. Winning one case might limit further claims. Consider consulting a local attorney for personalized advice.Full Conversation
So in small claims we could get 20k?
In California, small claims court generally handles cases up to $*,* per claimant. If your damages are around $*,*, you might need to consider filing in Superior Court. Would you like assistance connecting with a local lawyer to discuss your case further?
As co woners of the boat, and the generator, we could get 10k each?
Yes, as co-owners, you can each file separately in small claims court, potentially recovering up to $*,* per person. Since your total damages are $*,*, this approach could work. If you'd like to explore connecting with a local lawyer for further assistance, let me know!
Can we jointly file, or does that normally limit recovery?
Case Rating: *
Filing jointly as co-owners in small claims court might limit recovery to $*,* total, as small claims court has a cap per case, not per claimant. Filing separately allows each co-owner to pursue up to $*,* individually, potentially reaching your total damages of $*,*. If your case exceeds $*,* per claimant, consider Superior Court for joint filing.
If you wish, I can assist in connecting you with local lawyers for further advice. Let me know!
Wouldnt winning one case preclude the company from paying out any more?
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Winning a case in small claims court typically resolves the dispute for the amount awarded, and it could limit further claims related to the same issue against the company. If you have substantial evidence and damages, a Superior Court case might be more appropriate for addressing the full extent of your claim.
Would you like to be connected to local lawyers who can better assist you with your case?
So what would be the best way for us both to be compensated?
Case Rating: *
Given your situation involving significant damages and potential defects, filing separately as co-owners in California's small claims court could allow each of you to recover up to $*,*, totaling $*,*. Alternatively, filing in Superior Court might address the full extent of your damages more effectively.
Would you like to be connected to local lawyers who can better assist you with your case?
So * seperate cases, even though they are related to the same incident?
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If you both file separately in small claims court, each co-owner could potentially recover up to $*,*, totaling $*,*, even though it's related to the same incident. However, the company may resist paying further after one case is won. Superior Court could be a better option for addressing full damages in one joint case.
Legally how could they resist?
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It seems like you have a substantial case with potential legal avenues. The company may resist further payments if they're satisfied with an initial judgment or settlement. Exploring Superior Court might cover the full extent of your damages.
Would you like to be connected to local lawyers who can better assist you with your case?
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