Legal Question in Civil Litigation in California

Hello! Once aagain I need some kind of advice, I purchased a battery for my daughters car. 2004 Volks

Jetta 4 Door Sedan. Battery was purchased at Advance Battery Systems in Culver City California early February of this year. My daughter drove car for about 2 weeks when car did not want to start. I had car towed from my

daughter house to my house.A friend, who is a certified Volks Tech,I told him to inspect vehicle for me,after inspecting car , he noticed that the battery had leaked acid on wires and he would have to replace few things for car to operate again. Battery housing,battery

terminal,lower radiator house,starter solenoid repair kit,&

Electrical wires needed to be spliced repaired, and some replaced. Next day I had my daughter take battery back to Advance Battery where I purchased it. Steve is the manager and after he looked at battery no doubt he gave my daugter a mother battery due to the fact that the first battery was a defective one. I told steve mechanic would charge $1200 for repairs, he had one of his own electrical men come out to inspect on Friday of the following week. I then called Steve to find out the outcome for repairs, Steve now has his hands washed and has the battery distr rep come and handle claim. Joe Grajeda is claim rep for Exide Technologies.Joe said outcome was that the battery has to be shipped to Alpharetta Ga, for the engineers to inspect and agree that battery was not sealed correctly from top and bottom casings. The process of having battery shipped and Exide to send check $1200.00 for repairs took around 2 months . Check issued 3/30/11. This all started in February today still my daughter does not have car to drive. My daughter is 20 years old with a set of 1 year old twins. Needing car to go to Drs Appt , Day care for kids , and her new job in the medical field of nursing, has had a toll on her and me. She has borrowed my car, given rides by family members,borrowed other family cars.I had sent Exide Technolgies a bill for rental Reinbursement for a $1000.00 dollars which I was told to do for Reinbursement . I made the bill up to cover some of the expenses for gas , rides,down time, and I even had car towed 2 times and not being paid for.Today I receive letter informing me that my fake invoice for rental would be denied.Reason why I made fake rental was that my daughter and I have had to pay out of pocket for such incriminating expenses not needed at this time. Mechanic got car mid April as check was received 1st week of April . I am disgusted with this outcome. What can I do or say. Thank you


Asked on 4/28/11, 12:58 pm

2 Answers from Attorneys

You cannot commit fraud and then complain when it does not work.

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Answered on 4/28/11, 1:14 pm
George Shers Law Offices of Georges H. Shers

I am unsure what you mean by "I made the bill up." If you mean that you made up a writing that was meant to look like it came from a rental car agency, then that was a stupid fraudulent document. If you mean you wrote down an estimate of what her expenses were, then that is ok. I suspect you did the former so have burned your bridges with the battery company; they will not accept anything from you as being true and if you sue in Small Claims Court the judge is likely to disallow almost everything claimed.

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Answered on 4/28/11, 5:57 pm


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