Legal Question in Legal Ethics in California
I run a business, and after my car had been at its Auto Dealership for repairs, my assistant went to pick it up without my knowledge, and the Dealership released my car to him.
I had neither given my assistant authorization to pick up my car, nor had I given the Dealership authorization to release my car to anyone other than myself.
I've already punished my assistant. What options, if any, do I have to penalize the Dealership for releasing my car to anyone without my authorization?
2 Answers from Attorneys
You have no legal right to penalize them. If you have suffered actual loss or damage, you can sue them for it, but the law is not in the penalty business unless a crime has been committed, or there has been fraud or malicious conduct. The only thing you can do to penalize them is withdraw your business.
Mr. McCormick is VERY wrong.
I think you are wise to take action to stop the dealership from such practices, and the State of California has a mechanism to help you. Go to https://app.dca.ca.gov/bar/complaints.asp to contact the Bureau of Automotive Repairs, a division of the Department of Consumer Affairs.
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