Legal Question in Civil Litigation in California
City Sewer damage to home
The City rejected claims for damages because a
garbage bag was blocking the mainline. 200
gals.of sewage flooded from the shower and toilet
into my bathroom and bedroom. 5 homes were
damaged. I have filed in Small Claims Court but I
am worried because they seem to think they can
win. They are claiming to be victums also. I am
the one with 3 inches of sewage in the bedroom.
1 Answer from Attorneys
Re: Claims against the city or other government agencies
Your claim may be rejected by the court if you did not first file a governmental claim. Whenever you are suing a government agency you must first file a government claim. Once you file this they will review and most likely reject it. Once your claim is rejected you must file a lawsuit within 6 months. If you need help filing a government claim against the city please let me know. You might also want to consider filing in Superior Court. It does cost a little more as far as the filing fee goes but you can ask for more damages. Unless your damages were under $5,000 I don't recommend small claims. If you would like a free, no obligation consultation please feel free to contact my office either by email or by phone, toll free at 877-546-9918. I hope everything works out through small claims, if not I look forward to discussing the situation with you. You may have other avenues of reimbursement for the damage.
Sincerely,
John Hayes, Esq.
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