Legal Question in Civil Litigation in California

Owner is claiming I damaged her fax machine and wants to recover damages.

I sent a fax to a company owner, requesting payment for services rendered. Fax never went through for some reason. Unknown to me, my computer kept trying to resend the fax when I turned it on whenever the phone line was connected. I learned this when phone company called me to say the company owner had filed a complaint that she was receiving unwanted blank, ''black'' faxes and they used up her ink and paper printing them out. The phone company said my phone number had been identified as a number that repeatedly dialed the company's fax number on a certain date, and told me of her complaint. I checked my computer and realized what was happening and took care of the problem. Now the owner is taking me to court, claiming that those faxes damaged her fax machine, and used up ink and paper. I do not believe her fax machine was damaged by this, and I know her fax machine often gave her problems with printing in the past, as I used to work in her office and witnessed the problem. I told her lawyer that I didn't believe her claim of damage, and that I had been unaware that the computer was resending the fax, that it wasn't my fault. She said I still have to pay, regardless. Doesn't she need proof of negligence and damage?

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