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Before you sue the other side back | California Courts | Self Help Guide
Your landlord doesn’t want to return your security deposit and wouldn’t do a walk-through with you when you moved out. They're suing you so you'll pay for damages that cost more than your deposit. In your court case against the landlord you would bring photos of the clean home with timestamps that show when the photos were taken and/or have your friend who saw the clean home come to your court date to talk about it.

You can use a subpoena to get the proof you need
If there’s information you need for your court hearing, like business records, and that the business won’t give you them voluntarily, you may need to serve the business with a subpoena. A subpoena is a court order for someone to give you business records or come to court to talk to the judge at your hearing, or both.

If you need more time to get your proof together,
 ask the court to reschedule your court date. Ask the clerk's office or your Small Claims Advisor for information about how to reschedule.
 

Small Claims
What's next?

Once you've figure out if you want to sue the other side back, for how much, and why, you can start to fill out the Defendant's Claim form.

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Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100) | California Courts | Self Help Guide
If you can’t afford the filing fee, you can ask for a fee waiver.
Choose to not respond
If you were given the forms correctly (served) and don’t go to the court date, the judge will decide without your input. You will probably lose the case and owe the other side money. 

Consider getting help. 

This website has information to walk you through the basic process, but you may need more help. If so, you can start with the Small Claims Advisor, a free program. A Small Claims Advisor can explain other options, like what to do if you think you weren't served properly or the other side is suing you in the wrong county.

 

Explore your options
What's next?

Once you decide if and how you’re going to react to the other side’s papers, go to the step-by-step instructions. 
Keep in mind that you may have to do something quickly. If you’re going to file a Defendant’s Claim, there's a deadline you'll need to meet.

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The support person does not need to have any special training or qualification. The support person may sit with the person to be protected at court hearings if the person to be protected does not have a lawyer, but s/he is not allowed to give legal advice or advocate for the person to be protected. The support person can also go with the protected person to custody mediation or orientation to mediation. For more information on support persons, read Family Code section 6303.

suppress: To stop or put an end to someone's activities. To suppress evidence is to withhold it from disclosure or publication.
surety bond: An insurance policy taken out by a defendant with a national insurance company in which the insurer agrees to pay the court the amount of bail required for the defendant's release if the defendant fails to come to court when he or she is supposed to.
surety bond register: A bound, dated volume made available to the public and containing information about each surety bond deposited with the court. It is used by surety bond insurance companies and their bail bondsmen to check the status of their outstanding bail bonds. A company can find out from the register whether or not bonds have been or exonerated.
surrogate parent: A person that substitutes for the legal parent to advocate for a child's special educational rights and needs; can be selected by the child's parent or appointed by the local educational agency (LEA).
suspend: To postpone, stay, or withhold certain conditions of a judicial sentence for a temporary period of time.
suspended sentence: In criminal law, this means the defendant doesn't have to serve the sentence at the time the sentence is imposed.
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Before you sue the other side back
If you're sued in a small claims case, you can sue the other side back, but before you do, there are things you need to figure out.

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Small claims questions
Do you have a legal reason you can sue? How much money you can ask for? Who should you sue and how do you find them? You'll need to figure out the answer to these and other questions before you file a case in court.
Figuring out the answers will help you when you need to fill out forms to start a case against the other side, and going through this process may even help you figure out if you should file a small claims case at all.

What to figure out before you sue the other side back

Do you have a legal reason to sue the other side?
If you think the other side owes you money, you need to learn whether there is a legal reason they owe you money.
Consumer Guide to Funeral and Cemetery Purchases - Cemetery and Funeral Bureau
You may want to make your arrangements in advance but not prepay for them. Keep in mind that over time prices may go up and businesses may close or change ownership. You may also move to another location or change your arrangements. It's a good idea to review and revise your decision every few years, and you should make sure your family is aware of your wishes. Put your wishes in writing, give copies to family members and your attorney, and keep a copy in a place where it can be easily accessed. (Don't keep your only copy in a safe-deposit box. Your family may have to make funeral arrangements on a weekend or holiday when the bank is closed.)
Prepayment Options
If you decide to prepay for funeral and cemetery services, you have several options.
(NOTE: These are options, not recommendations. Be sure to carefully compare the advantages and disadvantages of eachand consider consulting an attorney and Medicare/Medicaid, if applicablebefore making any decision.)
Preneed Trust Contracts -- Decide on the funeral and cemetery services you want, sign contracts that fully describe those services, and pay a set amount into a trust administered by the funeral establishment or cemetery. There will usually be some costs that cannot be prepaid. Services such as opening and closing the grave are not usually part of the preneed contract and must be paid at time of need.
(NOTE: Be sure that your contract includes a cancellation clause if you change your mind. Keep in mind that if you cancel a funeral preneed trust, under the law, all the money you paid in must be refunded to you. Most cancellation clauses require a revocation fee, limited by law to no more than 10 percent of the total amount that you have paid in. This revocation fee can only be taken from trust fund earnings.)
Before you choose a preneed trust contract, consider the following:

Ask for a guaranteed price plan. This protects you and your family from future price increases. Without it, your survivors may have to make up any difference in cost. However, even with a guaranteed price plan, some items or services will probably have to be paid at the time of need.
FTB Publication 1017 | FTB.ca.gov
When are withholding payments due for foreign partners?
Withholding payments for foreign partners are due in four payments during the taxable year in which the California source income is derived and should be submitted with each Form 592 A. Payments with Form 592-A are due to the FTB on the 15th day of the 4th, 6th, 9th, and 12th month of the partnershipâs or LLCâs taxable year. These due dates are the same as the federal due dates. If any additional amounts are determined to be due at the year end, the additional amounts are required to be paid with the Supplemental Payment Voucher from Form 592-A when filing Form 592-F. 
Caution: If the partnership withholds on both domestic nonresident partners and foreign partners, a separate Form 592 and/or Form 592-PTE, should be filed for the domestic partners since the two groups have different due dates.
123. Where should withholding agents remit the amounts withheld?

Remit payments with Forms 592-V, 592-A, or 592-Q
Withholding Services and Compliance MS F182
 Franchise Tax Board
 PO Box 942867
 Sacramento, CA 94267-0651 

124. What method does the withholding agent use to report the information on Form 592, Form 592-F, or Form 592-PTE? 
The information is reported using a completed copy of Form 592, Form 592-F, or Form 592-PTE, including the schedule of payees.
Withholding agents may develop withholding forms, making them suitable for computer preparation. However, substitute withholding forms must be in the same format and include all the same information as our forms. Withholding agents who wish to use substitute withholding forms must follow the procedures in FTB Publication 1098, Guidelines for the Development and Use of Substitute, Scannable, and Reproduced Tax Forms.
125. What methods may the withholding agent use to report to the payee the information on Form 592âB?
The information may be reported to the payee using the following:

A copy of Form 592-B.
A copy of an approved, substitute Form 592âB.
Property and debts in a divorce | California Courts | Self Help Guide
You sold the car and used all that money (and no other money) to buy a different car. That car is your separate property even though you bought it while married.  

Example: vacation after separation
After you separated, you went on vacation and charged the vacation to your credit card. This is your separate debt.

Sometimes property is part community, part separate 
Property can be part community and part separate. This is called commingling. This just means that separate property and community property got mixed together.  
This often happens with big purchases, retirement plans, and bank accounts.  

Example: Down payment for a House
One spouse uses money they earned before they married as a down payment on a house. The down payment for this new house is separate property. The married couple uses money they’re earning to make the mortgage payments. This means the payments are made using community property.  The equity (value) resulting from paying down the house loan is community property. The equity in the house is now part community and part separate property. 

Example: Retirement Plan
One spouse has a retirement benefit from a job they had since before they married. The contributions made to the plan before the marriage are separate property. The contributions made while married are community property. After they separate, the new contributions are separate property.  

How to divide your property and debts 
In general, after a divorce, a judge would order that you: 

Keep your separate property 

Divide your community property equally 

You and your spouse can agree to something different if you both think it’s fair. But, if you do not agree that’s usually how a judge will divide your property. 
When property is complicated, talk to a lawyer for advice 
The property and debts part of a divorce can be complicated, especially if you have anything of high value or a lot of debt. You may want to talk to a lawyer before you file or sign any property agreements. You can consult a lawyer just to help with the property and debts part of your case.   
Some reasons to talk to a lawyer: 

You disagree about what to do with a house or business you own
FTB Publication 1017 | FTB.ca.gov
A foreign (non-U.S.) partnerâs allocable share of California source income is subject to withholding. This is diï¬erent than domestic nonresident partners where the income subject to withholding is limited to the amount of income being distributed.
115. When are partnerships with foreign (non-U.S.) partners required to withhold for California purposes?
California generally conforms to IRC Section 1446. R&TC Section 18666 requires partnerships to withhold on amounts subject to IRC Section 1446 withholding which represent California source income eï¬ectively connected to a California trade or business.
116. Is there a minimum amount of allocable California source income that must be reached before partnerships must withhold on foreign partners?
No. There is no minimum threshold. Partnerships must withhold on all allocable California source income.
117. What entities are subject to foreign partner withholding?
California conforms to the federal definition of foreign partners. Thus, foreign partners who are nonresident alien individuals, foreign corporations, foreign partnerships, foreign estates, or foreign trusts are subject to foreign partner withholding.
118. How can partnerships identify nonforeign partners?
Partnerships should withhold on partners with a foreign address under the foreign partner withholding requirements, unless the partner has documentation to show nonforeign status. Partnerships may rely on a partnerâs federal certification of nonforeign status. Refer to federal Publication 515, Withholding Tax on Nonresident Aliens and Foreign Entities, for acceptable documentation. However, unless the partner is a California resident, the partnership would be required to withhold under the domestic nonresident partner withholding requirements.
119. May foreign partners receive a reduction in withholding?
In conformity with Treasury Regulation section 1.1446-6, a foreign (non U.S.) partner or member may file a Form 589 to reduce or eliminate a partnerâs withholding of California tax on Effectively Connected Taxable Income (ECTI) from California sources. Refer to Form 589 for more information.
Reporting and Remitting Withholding Amounts/Due Dates
120.
FTB Publication 1017 | FTB.ca.gov
Withholding payments associated to Form 592-PTE are still due each payment period, and submitted with the new Form 592-Q, Payment Voucher for Pass-Through Entity Withholding.
Frequently Asked Questions
General Withholding Requirements
1. When is backup withholding required?
If you are required to withhold and remit backup withholding to the Internal Revenue Service (IRS) you are also required to withhold and remit to FTB, except for instances specifically excluded for California purposes.
2. What if two or more types of withholding apply?
Under circumstances where both backup withholding and other types of withholding apply, backup withholding replaces all other types of withholding.
3. How do payers remit backup withholding?
Remit backup withholding to us using Form 592-V, Payment Voucher for Resident and Nonresident Withholding.
The due dates for California backup withholding are diï¬erent than federal backup withholding due dates. California backup withholding due dates are the same as the due dates for individual estimated tax payments. The period due dates are described in the Form 592, Resident and Nonresident Withholding Statement, instructions and question 121 of this publication.
When an entity is a PTE (LLC, S Corp, Partnership, Estate, or Trust), use Form 592-PTE and Form 592-Q. When an entity has foreign partners or members, use Form 592-F and Form 592-A.
4. What is withholding?
Withholding is a prepayment of California state income or franchise tax (similar to wage withholding).
5. Who is the withholding agent?
A withholding agent is any person or entity with the control, receipt, custody, disposal, or payment of California source income. We also refer to withholding agents as âpayers.â
6. Who is the payee?
Generally, the payee is the person or entity that receives items of income from a payer. It also includes partners, beneficiaries, shareholders, or members that receive payments or distributions from a PTE, estate, or trust.
FTB Publication 1017 | FTB.ca.gov
The withholding agent is required to withhold once the total payments exceed $1,500 in a calendar year.
11.When should a withholding agent start withholding if the total payments to a nonresident are expected to exceed $1,500 during the calendar year?
Withholding is at the discretion of the withholding agent until payments exceed $1,500 during a calendar year. Once the total payments exceeds $1,500, the withholding agent is required to withhold.
12. Is catch-up withholding required if the withholding agent reasonably believed the total payments to a nonresident for the year would not exceed $1,500, but later determines the total payments will exceed $1,500?
No. Withholding must begin as soon as the total payments of California source income for the calendar year exceed $1,500.
13. What is the withholding rate for domestic (nonforeign) partners?
The withholding rate is 7 percent of the following:

Gross payments made to nonresident independent contractors for services performed in California.
Gross payments made to nonresident recipients of California rents or royalties. 
Distributions of California source income made to nonresident beneficiaries of estates or trusts.
Distributions of California source income to domestic nonresident S corporation shareholders and partners.

14. What are the withholding rates for foreign (non-U.S.) partners?
The withholding rate is Californiaâs highest tax rate for each partnerâs entity type. The current withholding rates are:

Noncorporate partners - 12.3 percent 
Corporate partners - 8.84 percent
Foreign bank and financial institution partners â 10.84 percent

15. Are there exceptions to withholding?
Yes. Withholding is not required if one of the following exceptions is met:

The individual, S corporation shareholder, or partner is a California resident.
The payee meets one of the exemptions on Form 590, Withholding Exemption Certificate.
The total payments or distributions of California source income to the nonresident are equal to or less than $1,500 for the calendar year.
The payment is for goods.
Health Care & Insurance | New York State Attorney General
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