Legal Question in Consumer Law in California

I purchased from a national chain department store, a $1000.00 ring on clearance for $169.00. Imprinted on the tag attached to the ring reads that the ring is Tahitan pearl, 14 kt, and diamond.5 days later, and just before gifting the ring to my daughter upon graduating with her masters degree, my boyfriend commented while looking at the ring, how small the diamonds must be because he could not see them at all. I then took a loop and examined the ring closely. There are no diamonds, not even diamond chips, nor dust, and on the inside of the band it is stamped 925, which is the marking for silver! I returned to the store when i got back in town and what has developed since then is to much to get into right now. I have been offered a refund, but that is not what I want. I simply want what I was purchasing. Once I speak to someone and fill them in on what has taken place between myself and the general manager of this department store, I hope to have a case worth fighting for. Thank you for your time.


Asked on 7/24/11, 4:04 am

1 Answer from Attorneys

In my opinion you will probably be better off just accepting the refund and moving on. Since the amount at issue is less than $1,000 you would have to file a claim against the store in small claims court. If you were to proceed there would be three possible outcomes: 1. you lose and get the ring; 2. you push and are awarded $169.00; or 3. you win and get the ring you describe. I would think the most likely outcome would be number two. I think it is unlikely that a judge would rule that the department store would have to provide you with ring with a value of $1,000. Good luck.

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Answered on 7/26/11, 10:53 am


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