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How do I file a lawsuit against a dentist for not honoring a warranty on a crown and harassment?

Rocklin, CA |

this dentist performed a root canal and gave me a 'free' upgrade crown which holds a 5 year warranty, The crown failed in 2 years and he won't honor the warranty because I didn't pay for the upgrade. His failed work cost me over $900.00 after I paid him $1,200.00 2 years ago. He was intimidating and scared me as he said he has big burly hockey players that are big babies in his chair so he just gives it to them a little harder...but he said he wouldn't hurt me. This was being said while in the middle of a root canal!! He said my tooth will now need to be pulled and an implant or bridge will need to be in it's place. My current dentist restored the tooth, installed a post with a crown. Didn't need to pull the tooth. I just want to be compensated for the cost to restore. He wont do it.

Attorney Answers 1


This is a case for small claims court. It is a simple breach of contract/warranty case. Do you have the written warranty? If so, bring it small claims and show it to the judge. If you don't have the warranty in writing, you may have a "statute of frauds problem" because the warranty covers a period of time in excess of one year, thus, to be an enforceable obligation, it must be in writing. The only way around the statute of frauds would be to get the dentist to admit in trial that he offers the warranty for these procedures. Go on the small claims court website and it will walk you through the steps to file your lawsuit and prepare for trial.

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