Legal Question in Consumer Law in California

Sue out of State

Authorized on-line retailer in MO of DaVinci wedding dress sent fake, said they were mis-lead and thought it was authentic. Took over month to get first dress. They inspected dress prior to sending, no tags or size in dress. As authorized dealer they should have know it was not an authentic DaVinci. We do not trust them and do not want them to send another dress. Sent email 6/4 , 6/8, 6/6 with pictures asked for credit based on the 100% guarantee posted on their website. If wrong dress received you get immediate refund. Told them we do not want to wait for replacement and found a local dealer to work with. They agreed it was fake just from the pictures we sent. How did they not know when they inspected dress it was not authentic. They said they ordered DaVinci after getting fake back on 6/8 and will ship DaVinci dress on 6/19. Told them before they ordered not to send a dress just credit account. If we refuse dress can we sue? How hard will it be to sue someone in MO from CA?


Asked on 6/13/09, 12:41 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Sue out of State

All other things equal, it is generally more difficult to sue and collect from someone from another state (or country), but it depends on so many facts. If it is a reputable business, they will probably do everything within reason to rectify the matter. If you are thinking seriously about taking legal action, feel free to call me.

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Answered on 6/18/09, 8:45 pm


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