Legal Question in Technology Law in California
Do I sue a Franchise Owner or their Corporate Offices?
I called a local company to set up my computer systems. They sent a total imbecile who wasted an entire day with my system & was here until 8pm at night. The tech would not leave until I gave him my credit card & signed his work order. When he returned, he again, stayed for an entire day & I began asking him to leave at 5:00 pm at 9:30 pm I agreed to sign his paperwork so he would get out. My computers were left dead & I had to hire another company just to revive them - not even get them to the level they should've been. I tried to contact them only to find out it was a call center. I contacted the credit card co to dispute the charge. Because I signed the work order, they won't credit me. The owner of the franchise said too bad sue the corp & won''t provide me his information. who do I sue and how do I find him if it's the franchise owner?
3 Answers from Attorneys
Re: Do I sue a Franchise Owner or their Corporate Offices?
Sue 'em all and let them point fingers at one-another. Also sue the tech who perpetrated the fraud
Re: Do I sue a Franchise Owner or their Corporate Offices?
I agree; it's not up to the victim to have to figure out who is liable. Assume they all are. The practical problem is identifying the names of the entities (and/or individuals) with sufficient accuracy to serve them effectively, then locating them or their registered agents to carry out service of process. Get a self-help law book on "how to prepare, file and win your case in small claims court" and study the advice and tips. Be sure the book is specific to California. Also note that it is difficult to bring non-resident individuals and corporations into small claims court here.
Re: Do I sue a Franchise Owner or their Corporate Offices?
You may not be able to use small claims to proceed, because of the limits on service (all defendants must be served in California), and because you may need to conduct discovery to determine where liability lies.
You should speak directly with an attorney that can assess your specific factual situation, knowing the names of the players, and consider getting representation or advice (shadow counsel in small claims court) to assist you in enforcement of your rights.
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