Legal Question in Civil Litigation in California

Do I have a case?

My wife purchased a lizard at a pet shop 2 days ago and went back in today to get a refund. We never took possesion of the lizard. She was told she could only get store credit. No where on the recipt does it say they will only offer store credit, actually there was a sign that said not refunds or exchanges without receipt. After my wife was unable to get a refund she called me and we went to the store and they have printed out on an ink jet printer that they will not offer refunds, after talking to the owner the only offer he gave me was store creidt or a 35% restocking fee. I took the restocking fee, as i have no use for $435 worth of store credit. Can I go to small claims court for the restocking fee? There was no notice of a restocking fee or no refund policy until my wife asked for one.


Asked on 12/05/02, 10:31 pm

3 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Do I have a case?

Well, I'll be the third one to say that you have a case.

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Answered on 12/06/02, 2:00 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Do I have a case?

Yes you should. If I'm the small claims court judge, you win.

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Answered on 12/05/02, 11:35 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Do I have a case?

Thanks for your posting. The store creates a contract that governs the terms of your purchase when they post signs regarding their policy.

In your case, it seems clear that they did not advise you of the "no refunds" policy BEFORE you make the purchase.

I believe you would prevail in small claims court, based upon what information you have given so far.

I hope this helps, but please feel free to email me at info@expertlawfirm if you have any other questions, and best of luck!

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Answered on 12/06/02, 1:39 pm


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