Legal Question in Civil Litigation in California

Re: what are the procedures for filing a case in small claims court

Only if the seller gave you a warranty or some sort of guarantee regarding the engine/transmission. Otherwise, you buy as-is and take the risk.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

Re: what are the procedures for filing a case in small claims court

Anybody can sue anybody for anything, but the real question is whether you will win. The small claims judge would need to decide whether the seller violated any warranty or failed to make any required disclosures under the law.

Did the car come with a warranty or was it sold "as is"? Do you have any proof of fraud, concealment or misrepresentation by the seller? The answer to those questions will go a long way toward determining whether or not you would prevail in small claims.

Re: what are the procedures for filing a case in small claims court

1. If any of the repairs are for what the DMV calls "safety" related issues, depending upon what the nature of the repairs are, you may be entitled to "rescind" the transaction.

2. If there were no oral or written warranties/guarantees, Calif does not recognize any "cooling off period."

3. Any consumer product, including a used car, carries with it 2 implied warranties: merchantability and fitness for use.

4. If the vehicle just "broke" and the breaks are differing wear items, then most probably, you do not have a case.

5. Just as an aside, a small claims case usually favors the consumer, regardless of the facts!

Regards,

Mark Geyer