Legal Question in Consumer Law in California

? re: Abandoment of Property +++

1. Jan.2, 06- purchased dresser

2. March 1 - Dresser arrives

damaged. Immediately

note damage and

notify store owner - send photos.

3. After discussion, store owner

requests to repair piece. I request a

replacement as this was a new

dressser. Was told to expect delivery

within 2 weeks by 3/15.

Insurance people visit/ file claim for

shipping Co.

4. April 1, nothing has

arrived-receive assurances that it will

be there in 2 weeks. Store owner

informs me by email that damaged

dresser will be salvage.

5. April 30, nothing has arrived.

6. May 15, new dresser

arrives. Shipper's guys tell me

damaged dresser is salvage and

refuse to take it.

7. Mid-June - Store owners wife

contacts me to tell me that the

salvaged dresser is hers and that the

shipper made a mistake by leaving it

with me. An email exchange ( which

is increasingly hostile by the wife)

continues on through summer

months. I ask for proof of ownership

as I understood that the Insurance

claim paid for the damaged dresser.

In order to amicably settle this I offer

to purchase the dresser several

times and offers continually rebuffed

as saying it was not for sale.

to be continued ...


Asked on 2/03/07, 2:51 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: ? re: Abandoment of Property +++

Although you received poor service, that fact is that you paid for a new dresser and you eventually received the replacement merchandise. Instead o exchanging hostile emails, take the higher road and let them retrieve the damaged dresser. Quite frankly, your actions make no sense to me.

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Answered on 2/03/07, 8:40 am


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