Legal Question in Civil Litigation in California

Re: delive wrong couches and have not taken back

Your question raises several issues. First, did you see the couches when they were delivered, or were they enclosed in a box where you couldn't see them? Have you been using the couches for the four months? If you saw the merchandise as it was being delivered, and/or you had been using them anyways, your legal battle may be a little more uphill than you may believe.

Next, when one sells a business, they usually pass the assets and liabilities onto the buyer. Also, they usually assign all the rights and duties to the purchaser of the business. However, neither of the above is always the case. Agreements may differ. Question, can the new owner of the business acquire your problems as part of his/her liability?

It all depends on the contract and whether or not your problem was disclosed by the seller to the buyer at the time of the sale. You are not privy to this information. At the end of the day however, we really do not care what the terms of the sale were. If you had been making the complaints outlined in your question to the new owners and had no positive results, I would sue both the seller and the buyer in small claims court. If the small claims court finds that the business is liable generally, then also let it decide whether the seller, buyer or both are liable for your resolve your issues.

Good Luck.