Legal Question in Credit and Debt Law in California
Contract thrown out of Small Claims Court... Why?
A few months ago, my wife and her friend went to Kragen Auto Supply for brake and transmission fluids for our vehicle. While my wife was paying, the friend went out and contaminated our brake line with transmission fluid. A month ago, we had to get a total brake overhaul due to a brake fire caused by the cross contamination.
I wrote up an itemized contract with all the total bills and the friend signed it stating that she was accepting responsibility and agreeing to pay $20 per month until it was paid off. She failed & we took her to Small Claims Court. We had the written contract, and provided the judge with all relevant receipts and mechanics statement, we lost the case.
The Judge said recently that it was because even though she accepted responsibility and agreed to repay, the friend had no negligence because she wasn't a mechanic. He released her from her contract completely. The total bill was over $2600, taking all of my Federal Stafford Loan and Pell Grants, resulting in my having to drop nearly half of my college courses this semester. It has truly been a hardship.
Do you know of a case law that would support my claim? I have another 15 days or so to vacate this judgement.
1 Answer from Attorneys
Re: Contract thrown out of Small Claims Court... Why?
Unfortunately you have a consideration problem. Without boring you with the legal niceties of contract formation, suffice it to say your best bet is to try to get the case before another judge or try to reason with the person who caused the damage. Good luck-Martin
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