Legal Question in Consumer Law in California

Can I sue to reinstate status quo on small claims?

I entered into an agreement for a new garage door to be installed at my home. On the fine print reads that the door is warranted for defects of materials and workmanship for a period of one year. With the first strong winds of the season, the garage door became inoperable after breaking in the middle. When I called the contractor he stated that the warranty provided for the door was just for cheaping and peeling of the paint. The insurance will pay for the loss minus my deductible that ammount to $400. I have paid $489 originally. I already lost 2 days of work just for staying at home to protect my tools and equipment until the insurance adjuster was able to come and evaluate the damage. Now, while shopping for a new door, I found out that the average cost for a door that will stand to the strong winds of this area is of approximately $850. My question is: Can I go after the contractor for that much or only for the $489 I originally paid? All the people I contacted for a new door tell me that he should at least have suggested reinforcement for the door because the area is well known for the strong winds. They only rise the price on about$80. Besides, I had a working door before and now I have none.


Asked on 3/26/02, 7:56 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Can I sue to reinstate status quo on small claims?

I dont know what the judge will do but i would ask for the 850

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Answered on 3/26/02, 9:50 pm


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