Ric-vs-Anne

This case was about a car accident involving three cars.

Ric had pulled out of his parking spot and was in the right lane of travel when hit from a car angling in from the left that pushed him to the right into another car.
The person who hit him and her insurance company tried to claim Ric hit her while pulling out of his parking spot.
They never once tried to address the damage to the right side of Rics car and the parked car that told the real story.
The insurance company employees (both claims reps and legal) operated in bad faith from day 1.
They tried to shove approximately $15k worth of liability down Ric's throat in an economic assassination attempt b/c Ric was uninsured at the time of the accident due to separate nefarious games by AAA that came to light b/c of the accident.

These case documents are just related to the case of getting a legal liability determination from a judge for accident fault.

Ric won with zero doubt... (!!)
The judge had the opportunity to find partial fault but she assigned 100% on the defendant.
We will be pursuing bad faith claims against CIG, CIG employees and AAA in separate cases in the near future. Now we are warmed up and educated.

We expect this website to be used as a case study for anyone seeking to use small claims in CA.

It was not/is not an intuitive process.
See comments at bottom for unusual aspects of this system.

The x's represent damage to other cars. The R's represent damage to Ric's car. This claim by Anne and CIG that Ric hit her while pulling out of his parking spot without ever explaing damage to the right side of his car and the left of the parked car would have been laughable if not so economically sadistic and executed by a "team of individuals" all intent on a common, fraudulent goal...

Ric's Filing (78)

Lawsuit/Claim: SC100 , SC100-Item 3 , Filed/Stamped Copy , Filing receipt 1 , Filing Receipt 2 , Proof of service

14(6, 1,0,1,1,5)

Subpoena, Anne: SC107 || SC107 2a, 3 and 4 (+ appendix) || Issued || Service Bill || Proof of Service || Filed

32(3,23,0,1,5,0)

Subpoena, CIG: SC107 || SC107 2a, 3 and 4 (+ appendix) || Issued || Service Bill || Proof of Service (lost copy) || Filed

32(3,23,0,1,5,0)

Anne's Counter Claim (8)

Counter Claim from Anne: SC120 with additional pages...

(8)

Day of Trial Docs (38)

Doc 1 - Opening Statement (3)

Doc 1a >> from Anne's subpoena SC107 2a, 3 and 4 (+ appendix) (23)

Doc 2 - Refute Anne's Claim/Statements, precanned (use if needed) (2)

Doc 3 - Closing Checklist (1)

Supplemental Packet of exhibits not included in the subpoena (9)

Judgement (12)

SC130 (4)

Letter to Anne and CIG seeking payment (2)

Letter from CIG asking for a signature for a Settlement Agreement !? ( letter was ignored) (3)

Check from CIG (1)

SC130 - Signed releasing the lien (copies mailed to court and Anne on 8/17. CIG notified via email) (2)

Total Pages: 136 pages...

California Forms

https://www.monterey.courts.ca.gov/forms

https://www.courts.ca.gov/forms.htm?filter=SC

Comments about CA System:

CA Small claims good to up to $10k. Can file two $10k suites per calendar year. Can file up to 10 $2k suits per calendar year. Companies max claims are for $5k
No attorneys can represent either party in CA small claims (unless company is the plaintiff or defendant)
The CA claims form SC100 only allows for a single page to introduce the case.!? Odd. Apparently they may allow more than one. Maybe up to 10, but none of that is clear or guaranteed. We wanted both judge and defendant to see our case before court, so we issued a subpoena and included an appendix to the required items that had our evidence.
Subpoenas are to be responded to in 15 days. If no response and you want that info, you may need to file an order before trial. In theory that info is to be sent to plaintiff and court, but may want to check at court for it as the directions are a little complex.
CIG's attorney claimed their subpoena was invalid because a generic blank, custodian of records form was not included with their subpoena. Will include that next time (and from what we understand, that didn't void the subpoena. Just kids playing games they only way they know how...).
Very few cases with evidence on both sides are decided in court like the peoples court. Everything is taking under consideration and judge reviews and makes decision in private and mails an order. This then dramatically benefits those who can write well and present in writing well. It also allows for more complex issues in small claims as long as they can be documented....
CIG clearly used the complexity of this system as well as the traditional CA court system to try to force Ric to do something that was not in line with any of the facts. That will not go unchallenged...

Other Case Related Documents

Before we figured out of we were going to small claims or big claims and what docs were required, we developed a massive set of docs with exhibits and info. Primarily because we expected to go after the insurance company for bad faith one way or another. Those documents can be found at https://ric-vs-anne2.bryancanary.com The provide good templates for complex accident presentation.