Second Step -
Filing for Round Four in Small Claims in Redwood City
Date unknown at this time - get on email list.
(Can't be done without receiving the first step letter from San Francisco.)
updated October 6, 2020
The paperwork in Step Two can border on cumbersome. If you haven't already done it, you may wish to print out the check off list now. Please email with questions:
Needed: a printer, two stamped large envelopes, paper clips,
& a personal check with your address on it
1) The Small Claims packets will be 9 pages each. You'll need to submit three packets to Redwood City: one for the City and County of SF that small claims will deliver for you, one for the small claims department to keep, and one that will be returned to you with your case number and appearance date on it.
2) The red and white PDF icons for the 5 pages that come from the small claims department are below.
Page 1(SC-100) - print three copies
Page 2 (SC-100)- print one
copy
This 2-page insert. This is important.
When the defense produced this federal
statute in a previous hearing,we never
doubted its regulations that if you didn't
own your home before 1980, you can't file an
airport noise claim (simplified explanation).
The judge based her verdicts on this statute,
denying compensation to many of us.
We now know that a federal statute can NOT
be used in small claims court. Each of us
must alert the judge to this by attaching these
two pages to your claims. You don't have
to talk about statute in court.
Page 3 (SC-100) - print one copy
Page 4 - print three copies (nothing of note to see here)
Page 5 - print three copies (or here, either)
3) Fill out pages 2 & 3. (Note: You do not have to use these pre-filled forms we provide. You may get blank forms for small claims court from the San Mateo Superior Court system if you prefer.)
Make 3 copies each of pages 2 and 3.
4) Assemble three separate small claims packets (with your original papers in the first
group). Each claim will have 9 pages.
A sample claim: Small Claims forms Page 1, 2, followed by the 2-page sheet regarding a federal statue, then small claims forms pages 3, 4, 5, followed by the 2-page letter you got from San Francisco.
Paper clip each of the 3 claims.
5) Before the small claims department assigns you an appearance date, consider
that the date will likely be on a Tuesday or Wednesday, a.m. or p.m.
The date will probably fall between 3- and 7 weeks after the small claims department
receives your claims. The judge may arrange for us to appear in small groups.
If you know there are some dates in that range when you cannot attend a hearing,
please put a post-it note on the first page of the first claim with your name and
dates you are unavailable (not just inconvenienced).
If you wish to attend with someone who's also filing the same time you are, note that
as well. No guarantees the department will be able to accommodate your preferences,
though.
Be aware that the defense may request a postponement at the last minute of your
assigned date, pushing your appearance a few weeks further out.
6) As of June, 2020, the cost to mail the packet to Redwood City was $1.80. Before you
mail the 9 x 10 manila envelope packet to the Superior Court of San Mateo, 400 County
Center, Redwood City, CA, 94063, include 2 more items:
~ a check (made out to San Mateo County Superior Court)
Fee schedule as of May 28, 2020 (fees include certified service)
If you're asking $1500 or less = $45
If you're asking $5000 or less = $65
If you're asking $10,000 or less = $90
If you're filing jointly = $90
Write your address on the check if it's not already there, please.
~ an enclosed self-addressed $2.20 stamped large envelope
Please mail packet on date we'll provide.
7). IMPORTANT! When you get your processed claim returned from Redwood City, please send these 4 things: Your name (s), email, case # as seen on the first page of your returned processed claim, and the appearance date you'll be attending.
Third Step - if you cannot attend on your assigned date
Fourth Step - "War of attrition"
Page 2 - It's important to add something about vibrations if you're
aware of them, whether it's windows, doors, water heaters, picture frames, glasses, dishes, et al. If you smell fuel that you think is from the airport, mention that.
When it asks how you calculated the compensation you're asking for,
write what comes to mind, whether it's a need to insulate your home,
or that getting paid $100/day for 4 months is minuscule compared
to how you're being affected, or that what you're enduring isn't translatable to a mathematical formula, or you're hoping it will get
the City of SF to carry out its legal responsibilities, or you needed medical treatment as a result of the stress, or anything you feel is justifiable.
