Legal Question in Business Law in California

Small Claims for defective monitor?

I purchased a monitor for approx. $650.

After 4 returns it still doesn't work.

They will RMA it again, but I'm getting quite frustrated and I have spent 30-40 hours trying to get a functioning monitor. I believe this monitor is a "lemon" and would like either a better one, or a full refund. The company will not budge and one man told me he was my last hope and that there was no one else who could help me. I basically would like to be compensated for the time and frustration this has caused. As well as rectify the faulty monitor problem.


Asked on 8/30/99, 5:39 pm

1 Answer from Attorneys
Thomas W. Newton Tims & Newton

Re: Small Claims for defective monitor?

I think small claims is your best bet. But, I'm afraid

you may have a difficult time recovering for lost

time and trouble. As you'd be suing under a

contract theory (express or implied warranty),

you're probably limited to an award that gives

you the benefit of your bargain, i.e., a working

monitor that's worth what you paid.

I'd be prepared to document the time you've spent

attempting to resolve the problem, but unless

you can show a foreseeable loss of income from the

other sides breach, you may be limited to the

value you paid for the monitor.

Best of Luck

The foregoing information is provided as an

accomodation only, and can not be considered

specific legal advise based on a comprehensive

review of all relevant facts and documents. Further

provision of the foregoing information can not

be construed to create an attorney-client relationship.

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Answered on 8/31/99, 3:57 pm


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