Legal Question in Consumer Law in California

Re: Carpet issue-followup small claim

Hi, and thanks so much for the kind words. you are more than welcome and i hope we have helped in some way in helping you resolve your valid claims. to answer your follow-up questions,

1) you should name both the retailer and manufacturer in your claim if both parties are severally and jointly liable for the product defect in some way. that way you cover all legal bases and parties.

2)you should always start recovery of damages for your case by drafting a "demand letter" which outlines how you feel you were "damaged" by the other party or parties and what you feel you should be entitled to consequently. however, be sure it is worded in a way that does not look like "extortion" or "defamation" when you draft this letter and make sure you cite that your letter is intended soley for the purpose of "settlement of a valid claim" and is privileged under any and all applicable california and/or federal evidentiary codes. this type of language will protect you in court as well in case the other side wanted to "admit your letter into evidence" for some reason. you may want to strongly consider having an attorney draft this letter for you and helping you fill out the small claims paperwork, as well as how to present your case evidence in the best light to prevail.

3) you can simply name the corporation in your complaint, but serve process on any senior officer of the corporation(s) you are intending to sue.

i hope these answers help again, and if you would like any further legal assistance, feel free to email me directly ok. best of luck!