In California, I have a small claims case filed where my neighbor
's failed retaining wall has destroyed my 80-foot fence. He has now begun to rebuild his retaining wall, but we may still have a dispute over who pays for the new fence and other financial damages
I suffered over the years due to his negligence with the wall and his side of the fence.
I know under CA law that ordinarily the neighbors would share the costs to re-build an adjacent fence, however, since his retaining wall directly destroyed the fence I feel my neighbor should pay for 100% of the fence re-build.
I have other damages I'd like to claim for reimbursement: (1) $1700 for a Geo-technical report I had done to explain the construction
defects in his retaining wall as my neighbor refused to admit there was a problem (2) I'd like to ask the court to award me $3/day ($3834 total) for the nuisance
eyesore his failed retaining wall caused after it broke thru my fence and for the debris that constantly ran out from underneath his negligently built wall and into my yard.
Questions: (1) Do the types of damages I've listed above qualify for consideration as a court award of damages as I wish? (2) Do I specifically have to use the words "nuisance" in form SC-100 under "Why does the Defendant owe the Plaintiff money?" to claim it? And if yes, can I dismiss without prejudice and refile including the word "nuisance?", or if I dismiss without prejudice must I use the exact same words as used in the first filing?