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Consumer protection, breach of warranty contract.

Irvine, CA |

Toshiba laptop computer fails while under 2-year warranty. repair is authorized and Laptop is sent to Toshiba for repair. Toshiba is "unable to repair because they dont have the parts". Toshiba sends a dissimilar replacement computer and claims thats all they can do.

Demand for rectification requesting repair or comparable replacement sent certified with no response. Seeking a lawyer to represent / remedy.

Simply seeking a refund while providing work for an Atty that might want it. Consumer Legal Remedies Act, California Civil Code §1770, were committed in this transaction: CC1770 (a) (2), (5), (6), (7), (9), (14), and (16) . This Act allows for attorney’s fees to be awarded to a prevailing Plaintiff. Other violations of the law, including, but not limited to, violations of the Song-Beverley Consumer Warranty Act (California Civil Code section 1790 et. seq. also allows for attorney fees to the Plaintiff), breach of contract, and violations of the Unfair Competition Law (Business and Professions Code § 17200 et.seq.). which is why i mentioned contingency. An opportunity for an honest rectification, and holding bad business practice accountable.

Attorney Answers 6


  1. Sorry, I doubt you will be able to find a lawyer to take on such a case on a contingency fee basis.

    You are better off suing in small claims court. The jurisdictional limit in small claims court in California just went up to $10,000 as of January 1, 2012.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.


  2. I took the liberty of changing your listed Practice area because although you seem to have a defective computer it's not in the products liability area of law which involves personal injuries. Your best bet is to review your warranty language and see if Toshiba had a right to replace your broken computer in the manner that they did. Or you can contact a consumer law attorney. I can't imagine this situation being handled on contingency because of the likely amount at jssue but I could be wrong. Best of luck.

    This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.


  3. Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    I agree with my colleagues. This may be a matter best suited for the Small Claims Court. Keep in mind that in order for you to prevail on a lawsuit, you will need to prove damages. If Toshiba no longer has that particular model, but replaces it with another model that has better features, you may have a hard time establishing damages. Be sure to consult your own attorney to protect your legal rights.


  4. Check the agreement (known as shrink wrap agreement) that came with computer when you bought it. It will help you to see if Toshiba is breaching its agreement with you. If you need additional assistance, contact a state attorney.


  5. I tend to disagree with my colleagues here:

    That said, I do not think I would bring this as a CLRA action.
    I would however consider bringing it as a Song Beverly cause and/or a B&P17200 cause IF the problem is widespread. Clearly Song Beverly requires them to have replacement parts available and if they did not fix within 30 days they are liable pursuant to SB under Civil Code section 1793.2.

    I have two problems with your case:

    1- You appear to have accepted the replacement goods, which could create an issue;
    2- You live in Orange County. The problem here is that there are so many people on juries and in robes who are "business friendly" folks, which translates into "consumer unfriendly" folks and they hold all the power over your matter regarding remedies. We have a "statewide" lemon law practice but no longer take cases in Orange County as even the court of appeal, or should I say especially the court of appeal, is heavily anti-consumer.

    Look up some local lemon attorneys and best of luck with it.


  6. It looks to me like you are right, Toshiba is wrong, and you can probably do something about it. As you obviously know, California has some very special consumer protection laws and they will probably help you out in your situation. California’s Udap law is one of the ones you mentioned and you seem to have covered most of the applicable laws except for the Magnuson Moss Warranty Act. Frankly, you could sue them yourself in your local small claims court or you could talk to a California Consumer Law lawyer (like Scott Kaufman). Obviously all of these laws can be confusing, which is why you might need to just talk to a local Consumer Law attorney who deals with your kind of case from the very start. You can call Scott Kaufman in Santa Clara at 408.727.8882. Or you can look for one here on Avvo under the Find a Lawyer tab or call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. Last, you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give it a Vote UP review below. Thanks for asking and good luck.

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.