The 5 Most Common Small Claims Cases in California (And Your Actual Chances of Winning)
74,855 small claims cases were filed in California in 2022-23. Here are the 5 types that make up the majority—plus the evidence you need, typical win rates, and exactly what judges look for.
Every year, tens of thousands of Californians file small claims cases. But not all disputes are created equal.
Some case types are slam dunks if you have the right evidence. Others are uphill battles no matter how organized you are.
📊 California Small Claims by the Numbers
- 74,855 small claims cases filed statewide in fiscal year 2022-23 - Source: California Courts 2024 Statistics Report
- $12,500 maximum claim limit for individuals (as of January 1, 2024)
- 80-90% estimated plaintiff win rate for properly prepared cases - Source: Multiple legal studies
- Default judgments (defendant doesn't show up) are extremely common
This guide breaks down the 5 most common case types filed in California small claims court, based on data from California superior courts and legal research. For each type, you'll learn:
- ✅ What evidence you need to win
- ⏱️ Typical timeline from filing to judgment
- 💰 Average judgment amounts
- ⚠️ Common mistakes that lose cases
- 📋 Specific forms and documents required
Whether you're considering filing or responding to a claim, this guide shows you exactly what to expect.
Case Type #1: Security Deposit Disputes
Most Common Small Claims Case in California
What Typically Happens
You move out of your rental. Your landlord keeps all or part of your security deposit, claiming damage or unpaid rent. You disagree—either the damage was pre-existing, the charges are inflated, or the landlord is making things up.
Why it's so common: California law requires landlords to return security deposits within 21 days with an itemized statement of deductions. Many landlords miss this deadline or fail to provide proper documentation—giving tenants a strong legal case.
Source: California Civil Code § 1950.5
Average Case Amount: $1,500 - $2,800
Typical security deposits in California range from $1,500 (one month's rent in cheaper areas) to $5,000+ (high-rent cities like San Francisco, Los Angeles). Most disputes involve $1,500-$2,800.
Your Win Rate: Very High (85-95%) If You Have Evidence
Security deposit cases are among the easiest to win because California law is very tenant-friendly. If the landlord:
- Missed the 21-day deadline
- Failed to provide an itemized statement
- Charged for "normal wear and tear"
- Can't prove damage with receipts or photos
...you will likely win. Judges have heard every landlord excuse in the book and don't have patience for landlords who violate clear statutory requirements.
✅ Evidence You MUST Have to Win
- 1. Copy of your lease or rental agreement
- 2. Move-in inspection report or photos (showing condition when you moved in)
- 3. Move-out photos (showing you left it clean)
- 4. Written communication with landlord (texts, emails demanding return of deposit)
- 5. Proof of your forwarding address (the landlord's excuse "I didn't know where to send it" fails if you gave them your address)
- 6. Landlord's itemized statement (if provided—shows their claimed deductions)
- 7. Proof of date you moved out (lease end date, keys returned receipt, etc.)
Timeline: 60-90 Days from Filing to Judgment
- Day 1: File case at courthouse ($30-$50 filing fee)
- Days 7-15: Serve landlord with court papers
- Days 30-60: Court hearing scheduled (varies by county)
- Day of hearing: Present evidence, judge rules immediately or within 2 weeks
- Post-judgment: If landlord doesn't pay voluntarily, begin collection (wage garnishment, etc.)
⚠️ Common Mistakes That Lose Security Deposit Cases
Mistake #1: No Move-In Photos
If you didn't document the condition when you moved in, the landlord can claim that stain/hole/damage was your fault. Always take photos/video on move-in day.
Mistake #2: You Actually Did Cause Damage
If you punched a hole in the wall or let your dog destroy the carpet, the landlord has a valid claim. "Normal wear and tear" doesn't include actual damage.
Mistake #3: You Owe Unpaid Rent
If you left owing $800 in back rent, the landlord can deduct that from your deposit. Make sure you don't owe rent before filing.
Mistake #4: Getting Emotional in Court
Judges don't care that your landlord was rude or that you "really need the money." Stick to facts: Did the landlord follow the law? Do you have evidence? That's all that matters.
💡 Pro Tip: Bad Faith Penalties
If the landlord knowingly kept your deposit in bad faith (e.g., they admitted in writing there was no damage but kept it anyway), California law allows the judge to award you up to twice the deposit amount as a penalty. Always ask for this if applicable.
Source: California Civil Code § 1950.5(l)
Real Case Example
Sarah vs. ABC Property Management
- Claim: $2,400 security deposit wrongfully withheld
- Landlord's excuse: "Carpet cleaning and wall repainting" ($2,200 in charges)
- Sarah's evidence: Move-in photos showing stained carpet already there, move-out photos showing walls in good condition, texts to landlord asking for deposit return
- Outcome: Judge ruled landlord failed to prove damage was Sarah's fault. Awarded Sarah $2,400 deposit + $350 court costs + $2,400 bad faith penalty = $5,150 total
- Timeline: Filed September 5, hearing October 20, judgment October 20 (same day)
Case Type #2: Unpaid Contractor Work / Shoddy Work
Breach of Contract - Very Common
What Typically Happens
Scenario A (Contractor sues customer): Contractor completes work but customer refuses to pay final balance.
Scenario B (Customer sues contractor): Customer pays contractor, but work is incomplete, defective, or contractor disappears mid-project.
Both scenarios are extremely common in small claims court.
Average Case Amount: $3,000 - $8,000
Most contractor disputes fall within the small claims range. Large construction projects ($50,000+) usually end up in regular civil court, but smaller jobs like:
- Kitchen remodel ($5,000-$10,000)
- Bathroom renovation ($4,000-$8,000)
- Painting ($1,500-$4,000)
- Roofing repair ($2,000-$6,000)
- Landscaping ($2,000-$5,000)
...fit perfectly in small claims.
Your Win Rate: High with Written Contract (75-85%), Lower Without (40-60%)
The #1 factor in contractor disputes: Do you have a written contract?
If yes—and it clearly states what work would be done, the price, and deadlines—you have a strong case. If it's a handshake deal with no written agreement, it becomes he-said-she-said.
✅ Evidence You MUST Have to Win
If You're the Customer (Suing Contractor):
- 1. Written contract or estimate (or texts/emails confirming scope of work and price)
- 2. Proof of payment (checks, Venmo, Zelle, wire transfers)
- 3. Photos of defective/incomplete work
- 4. Expert estimate for repair costs (get a quote from another contractor to fix the bad work)
- 5. Communication attempts (texts/emails asking contractor to fix issues)
If You're the Contractor (Suing Customer):
- 1. Written contract or signed estimate
- 2. Photos of completed work
- 3. Proof of materials purchased (receipts)
- 4. Invoices showing balance due
- 5. Customer's written approval or signature (if they signed off on completion)
- 6. Any texts/emails from customer acknowledging work was done
Timeline: 60-90 Days from Filing to Judgment
Similar to security deposit cases. Court hearings typically scheduled 30-60 days after filing.
⚠️ Common Mistakes That Lose Contractor Cases
Mistake #1: No Written Agreement
"He said he'd do it for $5,000" vs. "No, I said $5,000 was a rough estimate." Without a written contract, the judge has to guess who's telling the truth. Get everything in writing—even a text message counts.
Mistake #2: No Photos of the Bad Work
If you're suing for shoddy work but have no photos, how does the judge know it's bad? The contractor will claim it looks fine. Take photos immediately before they have a chance to "fix" anything.
Mistake #3: You Changed the Scope Mid-Project
If the contract said "paint 2 rooms" but you asked the contractor to paint 4 rooms, you can't refuse to pay extra. Scope changes require new written agreements.
Mistake #4: Not Getting a Repair Estimate
If you're claiming the work is so bad you need to hire someone else to fix it, get a written estimate from another contractor. This proves your damages aren't made up.
💡 Pro Tip: California Contractor License Requirement
In California, contractors working on projects over $500 must have a valid contractor's license. If your contractor wasn't licensed, they cannot sue you for payment—but you can still sue them for bad work. Always check license status at CSLB.ca.gov.
Source: California Business & Professions Code § 7031
Case Type #3: Minor Car Accident Property Damage
When Insurance Won't Cover It
What Typically Happens
Someone hits your car. You get repair estimates showing $2,500 in damage. But:
- The other driver has no insurance (or claims they don't)
- Your deductible is $1,000, so filing a claim doesn't make sense
- The other driver admits fault but refuses to pay
- Their insurance company denies the claim or offers a lowball settlement
Rather than eat the cost, you file in small claims court.
Average Case Amount: $1,000 - $5,000
Most small claims car accident cases involve:
- Bumper/fender damage
- Door dings and scratches
- Broken mirrors or lights
- Paint damage
Total damage from minor collisions and parking lot accidents typically falls in the $1,000-$5,000 range—perfect for small claims.
Your Win Rate: High (80-90%) If Liability Is Clear
Car accident cases are straightforward if you can prove who was at fault. If you have:
- Police report stating other driver caused accident
- Witnesses who saw it happen
- Photos clearly showing fault (e.g., they rear-ended you)
- Admission of fault from the other driver (text, email, recorded statement)
...you will almost certainly win.
✅ Evidence You MUST Have to Win
- 1. Police report or incident report (even if police didn't come, file a report within 24 hours)
- 2. Photos of both vehicles' damage (immediately after accident)
- 3. At least 2 repair estimates from licensed shops (judges want to see multiple estimates, not just one inflated quote)
- 4. Photos of accident scene (skid marks, traffic signs, intersection layout)
- 5. Witness statements (names, phone numbers, written statements)
- 6. Other driver's insurance info (even if they claim to have none)
- 7. Proof you attempted to settle (texts/emails asking them to pay)
Timeline: 60-90 Days from Filing to Judgment
Standard small claims timeline. However, be aware: If the defendant doesn't show up, you still need to prove damages. Bring all estimates and photos even if you expect a default judgment.
⚠️ Common Mistakes That Lose Car Accident Cases
Mistake #1: No Police Report
Even for minor accidents, always file a police report. Without one, it's your word against theirs about who was at fault.
Mistake #2: Only One Repair Estimate
Judges are skeptical of a single $4,000 estimate. Get at least 2-3 estimates from different shops. If they're all similar, your claim is credible.
Mistake #3: Suing for Pre-Existing Damage
If your car already had scratches and dents, you can't claim the accident caused them. Only claim damage directly caused by this specific accident.
Mistake #4: Not Proving Defendant Was Driving
If you're suing "John Smith" but can't prove he was actually driving the car (maybe it was his spouse, kid, or friend), you might sue the wrong person. Get driver's license info at the scene.
💡 Pro Tip: Rental Car and Lost Wages
You can also sue for rental car costs while your car is being repaired (keep receipts) and lost wages if you had to miss work because of the accident (bring pay stubs and a letter from your employer). Most people forget to include these costs.
Case Type #4: Unpaid Personal Loans
Friend/Family Loans Gone Bad
What Typically Happens
You lend money to a friend, family member, or acquaintance. They promise to pay you back. Months go by—they avoid your calls, make excuses, or ghost you entirely.
You're left with a choice: Kiss the money goodbye, or file in small claims court and potentially ruin the relationship permanently.
Average Case Amount: $2,000 - $6,000
Most personal loans fall in the $500-$8,000 range. Common scenarios:
- Emergency car repair loan ($2,000-$4,000)
- Rent help loan ($1,500-$3,000)
- Business startup loan from family ($5,000-$10,000)
- Medical bill assistance ($1,000-$5,000)
Your Win Rate: Medium (50-70%) - Depends Heavily on Evidence
Personal loan cases are trickier than other small claims because:
- Often no written agreement - "I'll pay you back" over beers doesn't count
- Defendant may claim it was a gift - "She gave it to me, I didn't borrow it"
- Payments made in cash with no receipt - hard to prove you actually gave them money
✅ Evidence You MUST Have to Win
- 1. Proof money was transferred (check image, Venmo/Zelle screenshot, bank transfer record, PayPal receipt)
- 2. Written loan agreement (ideal but rare—even a text saying "I'll pay you back by June" helps)
- 3. Text messages or emails (showing they acknowledged it was a loan, promised to repay, gave excuses for not paying)
- 4. Partial payment history (if they paid you back $200 of a $2,000 loan, that proves it wasn't a gift)
- 5. Witnesses (someone who heard them promise to repay you)
Timeline: 60-90 Days from Filing to Judgment
Standard timeline, but collection can be difficult if borrower has no job or assets (see "judgment-proof" below).
⚠️ Common Mistakes That Lose Personal Loan Cases
Mistake #1: You Gave Cash With No Paper Trail
Handed them $3,000 in cash with no receipt? Good luck proving it. The defendant will claim you never gave them money. Always transfer money electronically or write a check.
Mistake #2: Nothing in Writing
No texts, no emails, no signed paper. The defendant claims "It was a gift" or "I don't owe anything." Without written evidence, it's he-said-she-said.
Mistake #3: Borrower Is "Judgment-Proof"
You might win your case, but if the borrower has no job, no assets, and no bank account, you'll never collect. Before lending, consider: Can they actually pay me back?
Mistake #4: No Repayment Terms Were Discussed
If you never agreed when they'd pay you back, the defendant can argue "I was going to pay eventually—you're just being impatient." Always set a clear deadline.
💡 Pro Tip: California Recognizes Oral Contracts
Good news: In California, verbal agreements are legally enforceable for debts under $10,000. You don't need a written contract—but you need some evidence the agreement existed (texts, emails, witnesses, partial payments, etc.). Don't let the defendant claim "It was a gift" when you have texts proving they called it a loan.
Source: California Civil Code § 1624
Case Type #5: Property Damage (Neighbor Disputes)
Trees, Fences, Water Damage, and More
What Typically Happens
Your neighbor's tree falls on your fence. Their sprinkler system floods your yard. Their construction crew damages your driveway. A property line dispute turns into actual damage.
Neighbor disputes are unique because:
- You have to keep living next to this person after the case
- Liability can be murky ("Your tree" vs. "It was on the property line")
- Homeowners insurance might cover it—but often doesn't for smaller claims
Average Case Amount: $800 - $4,000
Common property damage amounts:
- Fence repair/replacement: $1,000-$3,000
- Tree damage: $500-$5,000
- Water damage (flooding): $1,500-$8,000
- Driveway/pavement damage: $800-$3,000
Your Win Rate: High (75-85%) If Liability Is Clear
If you can prove:
- The defendant's property/actions caused the damage
- You have repair estimates showing cost
- The damage was not your fault
...you should win.
✅ Evidence You MUST Have to Win
- 1. Photos of damage (immediately after it occurred)
- 2. Contractor/repair estimates (at least 2 estimates showing repair costs)
- 3. Proof of ownership/property line (survey, property records, fence location)
- 4. Timeline of events (when damage occurred, when you notified neighbor, their response)
- 5. Witness statements (if anyone saw the tree fall, flooding happen, etc.)
- 6. Communication with neighbor (texts/emails asking them to pay for repairs)
Timeline: 60-90 Days from Filing to Judgment
Standard timeline. However, try mediation first—many counties offer free neighbor dispute mediation. It's faster and preserves the relationship better than court.
⚠️ Common Mistakes That Lose Property Damage Cases
Mistake #1: Can't Prove Who Owns the Tree/Fence
If the tree/fence is on the property line, ownership is shared. You might have to split repair costs. Get a property survey if there's any doubt.
Mistake #2: The Damage Was an "Act of God"
If a healthy tree falls during a storm, your neighbor may not be liable—it's considered an act of God. But if the tree was dead/diseased and they ignored it, they're liable for negligence.
Mistake #3: You Didn't Mitigate Damages
If their pipe burst and flooded your yard, you can't just let the damage get worse to run up the bill. You have a duty to "mitigate damages" (e.g., turn off water, cover damaged items). If you don't, the judge reduces your award.
💡 Pro Tip: Check Their Homeowners Insurance First
Before filing in small claims, ask if their homeowners insurance might cover the damage. Many policies include liability coverage for property damage they cause. If insurance pays, you avoid court entirely. But if they refuse to file a claim, small claims is your next step.
Quick Reference: The 5 Case Types at a Glance
| Case Type | Avg. Amount | Win Rate | Key Evidence | Biggest Mistake |
|---|---|---|---|---|
| Security Deposit | $1,500-$2,800 | 85-95% | Move-in/out photos, lease, forwarding address | No move-in photos |
| Contractor Dispute | $3,000-$8,000 | 75-85% (written) 40-60% (verbal) | Written contract, photos, payment proof | No written agreement |
| Car Accident | $1,000-$5,000 | 80-90% | Police report, 2+ estimates, photos | No police report |
| Personal Loan | $2,000-$6,000 | 50-70% | Payment records (Venmo/check), texts acknowledging loan | Cash with no receipt |
| Property Damage | $800-$4,000 | 75-85% | Photos, 2+ repair estimates, property records | Unclear property ownership |
Bottom Line: Know Your Case Type, Know Your Odds
Not all small claims cases are equal. Some are slam dunks if you have basic evidence. Others are uphill battles no matter how well you prepare.
The Golden Rules for Winning Any Small Claims Case
- Get everything in writing - Texts, emails, contracts. If it's not documented, it's hard to prove.
- Take photos immediately - Damage, completed work, accident scenes. Photos are the #1 most persuasive evidence.
- Keep all receipts and records - Payment proof, repair estimates, bank transfers. Judges want receipts, not your word.
- Send a demand letter first - Courts expect you to try settling. Plus, 80-90% settle anyway—why not try?
- Be organized and professional - Judges side with prepared plaintiffs. Bring binders, printouts, and a calm demeanor.
If you follow these rules and match one of the 5 case types above, your odds of winning are very good—assuming the defendant actually has money to pay you.
Because here's the harsh truth: Winning and collecting are two different things. You can win a $5,000 judgment, but if the defendant is unemployed with no assets, you'll never see a dime. Always consider "Can they actually pay?" before filing.
Ready to File Your Case?
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Sources & Citations
- California Courts 2024 Court Statistics Report: 74,855 small claims filings statewide (FY 2022-23)
- California Civil Code § 1950.5: Security deposit return requirements and bad faith penalties
- California Civil Code § 1624: Statute of Frauds and oral contract enforceability
- California Business & Professions Code § 7031: Contractor licensing requirements
- Multiple California Superior Court Self-Help Guides: Common case types and procedures
- FindLaw Legal Encyclopedia: "What Can I Sue for in Small Claims Court?"
- San Mateo Superior Court: "Common Types Of Small Claims Cases With Special Rules"
- Los Angeles County District Bar Association: Small claims filing guidance
- Various legal studies and court observer data: Win rate estimates (80-90% for prepared plaintiffs)
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Lawzuit is a document preparation service, not a law firm. We do not provide legal advice or representation. For legal questions, consult a licensed attorney.
Win rate estimates are based on legal research and may vary based on individual case facts, evidence quality, and jurisdiction. No outcome is guaranteed.