Legal Question in Personal Injury in California
small claims car wash detail damage california
A california detail shop broke my air vent & my electric window switch 2 weeks before the sale of the shop. Is the new legal owner liable for the repair costs in small claims court?
4 Answers from Attorneys
Re: small claims car wash detail damage california
This is an area that I am not that familiar with, but I believe that if stated in the purchase agreement, the buyer could buy only the assets of the company and not its liabilities. To be safe, call the new owner and find out what his/her agreement was and then confirm the non-response or response in writing to both the new and old owner, pointing out that if they will not tell you and agree between themselves,yo will have to sue either both of them or also the corporation owning the business, and the court will award you the cost of service.
Re: small claims car wash detail damage california
Mr. Shers has given you a good head start.
Write to the current owner, itemize your damages, and ask for their payment. It is almost a certainty that both old and new proprietors had/have liability insurance that would pay your claim.
You may also want to retain an attorney to write some letters on your behalf, as, more often than not, business owners respond to attorney letters, where they would ignore your letters.
Please feel free to contact my office by e-mail, or call, if you need more.
Re: small claims car wash detail damage california
Good question. But the answer is not apparent from your description of the facts. If the new owner simply bought the business then he bought the assets and liability and the answer is yes. If he bought the assets of the business, then the answer is no, and the old owner is liable and the person to sue. Since you don't know the answer, sue both in small claims as co-defendants.
Re: small claims car wash detail damage california
Yes, the purchasing company also buys the liabilities of the old company.