Legal Question in Civil Litigation in California
Dispute over unauthorized computer repairs
I took my computer in for an advertised ''free diagnostic'' to find out why my cd burner wasn't working. The store owner refused to tell me what was wrong and when my brother called to find out, he would only tell him how much it would cost to fix it. When we went to pick it up, he would not give it back unless we paid the $70 he charged for work he claimed my brother authorized him to do. When I got the computer home, it did not work. I had to have the computer manager at my work fix it. The owner had loaded an illegal copy of windows and deleted my anti-virus program without my permission. I filed a complaint with the Better Business Bureau and in response, he called my brother and threatened to ''make my life miserable''. I have now received a response from the BBB saying that the store owner has a taped recording of my brother giving authorization for repair and he has filed a fraud suit against me. I have 2 questions: 1) How do I find out if a suit has indeed been filed against me? 2) What recourse do I have in getting my money back for not honoring the coupon for ''free diagnostic'' and unauthorized repairs that made my computer worse off than it was when I took it in? Thank you for your help.
2 Answers from Attorneys
Re: Dispute over unauthorized computer repairs
First: Go to the Superior Court in your community. The Court Clerk can direct you to the plaintiff/defendant index. In San Diego the indexes are computerized. Look up your name in the defendant index. Look up the owner's name both individually and under the business name in the plaintiff index. Then you will know if you've been sued. You may have to do this every once in a while until the statute of limitations has run on service of a complaint against you . . . Second: You may file a small claims lawsuit against the owner and the business. The Small Claims clerks have forms and will also serve the defendant by mail or you can have him served personally by the marshall or sheriff. Your damages will be the $70. However, if your brother did not give consent to a tape recording of the telephone conversation, there is a civil penalty for covert taping. But your brother would also need to be a plaintiff and he would be the one claiming the damages for the covert taping. Don't forget, even if your brother doesn't join: when you go to court have all your paperwork, including: the "free diagnostic" advertisement, any receipts for leaving the computer with the business, and the receipt for paying the $70 as well as the cancelled check, if you paid it in check. And, your brother should testify as a witness. Good luck to you. Patty Lewis.
Re: Dispute over unauthorized computer repairs
Third: you may recover other money damages with a small claims action for trespass to chattels or conversion; these causes of action should arise as a result of the tampering with the software. You'll need your computer manager from work to testify as to his findings and what he had to do to restore your system . . .
Good luck, again . . . Patty Lewis.
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