Legal Question in Consumer Law in California

I manage a small independent auto repair shop that worked on a long time customer's car which still needs a lot more work than we did. We replaced struts and other parts on an old '92 Mitsubishi 3000GT SL, billing $534 for labor and $960 for parts, totaling $1,578 including tax. We delivered the car and the owner made a partial payment of $1,200 by check, on which she stopped payment a few days later. We guarantee our work but she did not bring the car back and made no complaint to the Bureau of Auto Repair.

We waited five months to file in small claims court, and she was granted one request for an extension. But we had to refile after our case was dismissed without prejudice when we were late to court.

She is only now counter suing us for $1,691 claiming this amount for replacement parts and labor done by another shop. Still no complaint to the BAR. Can we recover our original parts & labor and costs of the suit? Isn't the counter suit barred as a guarantee enforcement action without her giving us a chance to fix her alleged problems?


Asked on 3/27/11, 4:01 pm

1 Answer from Attorneys
Stephen Barnes Barnes Law Firm

If she claims that the original work you did was improper she can sue you for the cost of fixing the car. But, to do that she would have to pay you for the work you did. She can't keep payment from you, get the car fixed somewhere else and have you pay for it. That would be a double recovery.

So if she pays you $1,578 and the judge believes you did not do the work correctly and it cost her another $1,691 to fix YOUR error then she can get that $1,691 from you. She should have given you a chance to fix the problems, if any, first but that does not automatically bar her recovery.

Her bigger hurdle is showing that the $1,691 was for poor work done by you and not EXTRA work that she needed anyway.

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Answered on 6/09/11, 3:15 pm


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