Hi, we have 2 separate invoices for same apartment building in Hawthorne, CA. The owner approved work and we completed most of it. She hasn't paid a dime. We stopped work and are asking for payment after she refused to comply with city code. One invoice is under $10,000 and the other is too. However, if you combine them, it comes to $13,500. Can I file in small claims? Sue the same person with 2 claims? Or is there a different way I need to file?
Well you can try, but if the invoices are both from the same contract, the Judge will probably say no. If you want to retain an attorney to pursue in Limited Superior Court, it will probably cost more than $3,500.00 in attorneys fees. When that close to the Small Claims Court amount most contractors just file in Small Claims court. However, if your business entity is a corporation you can only get $5,000.00 in Small Claims Court. Most corporations put an attorneys fees clause in their contracts in case of situations like this.