Legal Question in Business Law in California

Known Performance Shop takes money & sends nothing

The owner of a very well know racing performance shop in Southern California took my money and did not deliver. On October 2005 I sent payment of $1500 for a couple of items from this shop and I have only received some of the parts, he keeps saying he will send the rest every week since then, I finally got fed up with his excuses and sent him a letter that I was going to file to sue him because the body shop was also charging me a storage fee since they did most of the work and now the car is sitting there waiting on this last part that I did not receive. He called me the very next day very upset saying that he could lose his sponsors if word gets out about his business practices. I have heard from other people that they have had the same problems with him. Is there anything I can do? If I file in small claims could I include my travel expenses by flying and taking a day off of work to correct this problem? What can I do? I'm willing to do what ever it takes because this guy is nothing but a liar and a cheat!


Asked on 1/19/06, 2:29 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Known Performance Shop takes money & sends nothing

You can sue in small claims, but I doubt you'd get your travel costs or other expenses. You can either sue for the return of your balance or offer to give the parts you've taken back in exchnage for a full refund. Good luck.

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Answered on 1/19/06, 3:06 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Known Performance Shop takes money & sends nothing

In small claims court, you are entitled to your compensatory damages, as well as punitive damages if you can show the existence or pattern of this person's fraudulent business practices. Further, if you present a strong case and prevail, you may be entitled to reimbursement of your court costs and quite possibly your travel expenses to purse the action, depending on where it is being filed and heard. If you would like prompt, affordable legal assistance (legal demand letter and memorandum of relevant points and authorities for your claim) regarding this very dishonest and unfortunate situation, contact us directly today for a free phone consultation.

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Answered on 1/19/06, 3:49 pm


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