Legal Question in Consumer Law in California

This may be unreasonable to consider the anger of the owner of a detail shop and how he treated me to be included in my claim for small claims court~~~ but just thought I would ask.

A detail shop damaged the paint on my car and the upholstery. To be kind to the owner I wrote him a letter asking to settle this issue between the two of us and asked him to return the $190.00 I paid him so I could get the paint and upholstery fixed. He didn't answer my letter so two weeks later I called him and asked if he was going to give me back my money. His response was an angry rant --yelling at me saying "Absolutely Not" he would not give me back my money, he continued to yell saying he had talked to his attorney, had letters of proof from other detailers saying that you can't put swirl marks on a car when you hand polish it, he accused me of harassing him and said he would see me in small claims court. He was so angry he could hardly talk. I asked him to stop yelling and he said, "You asked me a question and I am going to answer it". He continued yelling saying"You don't know what you are talking about and what you are saying about me isn't true" I don't remember all he said~~he ended the conversation by yelling, "You just want something for free. I don't have time for this. I am through with you" and hung up on me. When I tried to tell him he needed to check out the upholstery because there was still dirt on it he yelled, "This has got to stop--we have to close this off". He refused to talk to me about the paint~~looked at the upholstery but never checked out the paint to see what the swirl marks looked like. He refused to respond to the Chamber's letter and refused to complete the BBB complaint (I have the letters). It seems that he is trying to "scare" me so I won't pursue the compliant~~he is not cooperating in any way. He either won't talk, yells or controdicts everything I say.

I contacted the owner 3 times.

1. to tell him about the damage. 2. to send a letter to ask for my money back $175. 3. a phone call about 10 days later asking if he got the letter and if he would give me back my money.

Someone gave me this definition of "harassment". "A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose" or "Words, gestures, and actions which tend to annoy, alarm and abuse(verbally) another person.

Grasanti was so angry I was afraid of what he might do because he knew where I lived-- Because I didn't know the law I was very concerned when he accused me of harrasing him so I called the small claims court, I wrote the Chamber and sent my question to LawGuru asking if the Detail shop could sue me for harrassement. They all gave me the "go ahead to continue my complaint" He has been so disrepectful I would not talk to him on the phone again nor would I feel safe talking to him unless I had someone with me as a witness.

I have no witnesses to what he said or how he acted towards me. The only thing I have, which might not be considered proof, is the writen corispondance I had with the Chamber relating my concern about his anger and also asking if he could sue me for harrassment,

QUESTION: Can I enclude his treatment of me in my claim in samll claims court and if so is there a certain amount of money I could claim for damages plus the cost to repair the car.


Asked on 7/28/11, 8:53 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Do you really expect a detailed answer for free from any attorney that has a life and is full of giving free time to others that call in on the phone. Good luck to you.

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Answered on 7/28/11, 9:32 pm

That is not the legal definition of harassment. You have no right to compensation for bad manners. Get over it.

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Answered on 7/29/11, 12:46 am


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