Legal Question in Consumer Law in California

Toshiba Legal Action: Who to sue?

I need to know who to file a suit against in small claims court, where to sue(jurisdiction), & how to get the address for service.

1) I purchased a Toshiba A85 laptop from Office Depot 12/23/05 in Concord, CA for $550. Retail price is ~ $1200.

2) The one year warranty expired 12/23/06. It was a lemon.

3) They agreed to replace it with a refurbished equal or better with a 90 day warranty, and I agreed to drop all claims against the original A85.

4) I received the replacement A105 on April 10, 2006. The paperwork included a packing slip - that's all, no invoice etc.

5) Within the 90-day warranty period I called for tech help and repair. They would not honor it saying my warranty expired.

[ Sometimes they said I had a 90 day warranty that expired 12 months after purchase, sometimes they said it expired in June 2005 (remember I purchased the original in Dec, 2005. ]

6) I have never received any tech support or repair service (it needs service). My warranty has expired.

[ Within the warranty period, I tried to buy an extended warranty. I could not because it must purchased within the warranty period! I spent hours waiting on the phone to cust relations. No answer, No call backs ]

6) How do I proceed?


Asked on 6/18/07, 4:17 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Toshiba Legal Action: Who to sue?

You could sue them in small claims court. Go to http://kepler.sos.ca.gov/list.html to search for the agent for service of process. You can sue them in the county where they have their principal place of business. Make sure you know which Toshiba entity you are dealing with.

You can email me at [email protected] for my free ebook on small claims court.

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Answered on 6/18/07, 10:15 pm


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