Legal Question in Civil Litigation in California

sueing both parties in small claims court

I am a computer tech. we sell and repair computers. one of our customer had a computer that we sold to him 2 and half years ago. (the warrenty of that is 1 year). last month the computer dead. he asked me to give him a estimate. I quoted $200. based on my knowledge. 2 days later, he brought to our store to ask me to fix it for him. after I done the job(computer is operating) and delivery back to his house, a personal check was made to our store. I did not deposit it due to the weekend. the next monday he called me say, he went to Bestbuy (a retail store) and asked the service dept to give him a estimate also for the same job that I done for him. Bestbuy did quote him as $60. based on not seeing the computer. then he cancel the check and ask me to write a detail of what I have done to his pc. and I did, total is about 5 hours of work at $50 dollars per hour. now he still doesn't want to pay for it due to the quote gaven by bestbuy, can I sue both parties in the small claim court? thanks.


Asked on 9/18/99, 2:56 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: sueing both parties in small claims court

You can sue the client for the amount of the original check, but not for an increased amount. You can't sue Best Buy (actually, anybody can sue anybody, but you would lose and would face consequences) because they didn't do anything to you. The company is allowed to make estimates, and it is not their fault that your client decided not to pay you.

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Answered on 9/21/99, 4:52 pm


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