Legal Question in Civil Litigation in California

I am wondering if Civil Code 1749 applies to HalfOffDeals.com gift certificates. They say on their site that no cash will be given back that they are one use. I know that 1749 prohibits this; however, the fullfillment company is in Ohio. I am in California, the restaurant is in California; so, does the fact that the fullfillment company is in Ohio change any of the protection under 1749?


Asked on 3/22/11, 1:18 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I quickly looked at Section 1749 and do not see how it applies in the manner you think it does. That the fulfillment company is in Ohio does not matter since they are doing business in California. How does the section prohibit a provision in the contract stating that you can only use the coupon once and not get any cash back? You are getting what you paid for and nothing is being hidden.

Read more
Answered on 3/22/11, 2:54 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California