Legal Question in Consumer Law in California

hi,

I recently moved from Arizona to California.

I had a binding estimate with the moving company.

They charged me extra $924. They were supposed to collect $1076. But they collected 2000$.

Ok.. here are the problems with that.

1. They claimed that they packed more than 50 boxes. The actual boxes packed and brought by the movers is just 42. I got written signed document by the driver who delivered and packed them. The rest of the boxes belong to us and packed by us. So they charged for the boxes that we brought and packed.

2. Most of the boxes are small size boxes from home depot and 9 of them medium sized boxes from home depot. Home depot website shows the size of small box as 1.5 c.f and medium as 3 c.f. The movers were supposed to bring in 12 of 6.0 C.f boxes (according to the binding estimate). I specifically asked the movers before they packed why they did not bring the 6.0 c.f boxes and Ibrahim responded as long as the total c.f. is not exceeded, it does not matter. So the total packing volume that they did is 33*1.5 + 9*3 ~ 76.5 c.f which is slightly off from my estimate of 12*6 c.f = 72 C.f which does not clearly justify additional $924.

Questions:

1. Can i sue them in california since they delivered in ca and the moving company is based in florida?

2. The estimate is a binding estimate. According to company's statement, they are not supposed to charge more than 15% of the estimate.

3. Do i need to pay their legal fees incase i loose the case?


Asked on 7/11/10, 12:52 pm

1 Answer from Attorneys
R. Grace Rodriguez Law Offices of R. Grace Rodriguez

Based upon the limited information you have provided I would say:

1. Perhaps. Jurisdiction often depends on either where the contract was entered into, OR where the contract was to be performed or Principal place of Business. You could argue that performance of the move took place in California. But they could argue that the contract was entered into in Florida. But a key to where jurisdiction would apply would be to check the contract you signed with them. Many contracts limit lawsuits to certain locations. Read your contract.

2. Read carefully the language in the contract. Are there exceptions to the 15% cap?

3. Generally, if your contract calls for the payment of legal fees by the loser in the event there are legal fees then you could be on the hook if you lost.

One Option: Small claims court does not allow the use of attorneys by litigants. If you are dealing with a nationwide moving company that has a presence in the state of California or is registered here with the California Secretary of State, or they have offices in California there is a good chance you can sue them in California. Given the amount in dispute with them, this is an appropriate matter for small claims. It wouldn't cost you much to go to small claims to litigate the issue. Worth a try to get some money back. But note, collecting it might be a different animal.

With so many lawyers offering free consultations in the world, it is always worth it to find an attorney in your community to at least look at your contract, discuss it with that person, and confirm that small claims is a good way to go.

Good Luck

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Answered on 7/23/10, 7:33 am


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