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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33072
Experience:  16 yrs. of trial experience
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Can I sue State of Calif damage to my Car and will I win in

Customer Question

Hi can I sue State of Calif for pothole damage to my Car and will I win in small claims court?And Can you write a small not to Caltrans of intent to sue.?
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry to bear bad news. You can not sue for this. It is not possible. Not in small claims court...and not in superior court.

The reason is because of the legal doctrine of sovereign immunity. This doctrine holds you can NOT sue the state UNLESS they let you. Basically, the state gets to decide what suits they will allow.

And they will not allow a suit for "discretionary function"...you can not sue them for using their discretion.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue the state for this but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Follow up... Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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