In the attachment you can click on the links neededAsserting Tort Claims in Small Claims Court
In this assignment, we are going to file a small claims action in California Superior Court for the County of Riverside asserting a tort claim against your neighbor.
Fact Pattern
You own a piece of property in Norco, California. It just so happens that this property has a large number of trees on it because you like trees and the fact that they soak up carbon dioxide from all the cars and industrial production in the area. Your neighbor happens to be Tom Cruise who also likes trees, but just not those that block his view of the hills and mountains. For several months you and Tom Cruise have been working in good faith to find a compromise where you can keep your trees but where he can also have some form of view. Unfortunately no agreement is reached so Tom Cruise engages in self help and has one particular tree removed (you witnessed him cut down the tree). You are traumatized in that the tree removed was your one special tree that you had nurtured since it was a mere sapling and its loss caused traumatic distress to you. Tom Cruise knew this would be traumatic for you and for this reason specially picked out this tree. To make matters worse is that he used your tree as firewood in a bonfire he had the following evening.
In response you want to file a small claims action against Tom Cruise. You are determined to make him pay for the lost tree, which for purposes of this assignment we will take as fact was worth $3,000.
Small Claims Court Action
Small claims matters are smaller matters (financially speaking) where (in California) an individual can sue for up to $10,000. Neither party is allowed to be represented by an attorney in an effort to keep things streamlined and cost effective. For this reason, you can find all the forms and information you need to file a small claims action at the court’s website (Links to an external site.) (hint: chose the self help option and then small claims). There is also an interesting law in California that provides an illegal removal of a tree results in the trebling the damages that can be recovered (i.e., you can recover three times your actual damages): California Civil Code Section 3346 (Links to an external site.).
Your Assignment
Prepare to submit a small claims court complaint using the Judicial Council form (i.e., the form found on the Riverside Court website – Form SC-100 (Links to an external site.)). For purposes of this assignment, your home address happens to be the same as Norco College and Tom Cruise lives on the same street, but his house number is 2010. Please also prepare not more than a two page supplement (on Microsoft Word) explaining to the court why you are asserting the following claims:
Conversion
Intentional Infliction of Emotional Distress
Treble Damages
This is your opportunity to advocate for your position. Last time you wrote a neutral memorandum – this time you are to advocate for your position.
Please upload the completed judicial form and Microsoft Word document to Canvas.