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I visited a nearby restaurant and was threatened and treated harshly by the waiter. I have suffered emotional distress. Advice?

Glendale, CA |

I was told by the waiter after I asked for sour cream that they didn't have any. I ordered a breakfast quesadilla. I asked another waiter whether they had sour cream and he said they sure did and brought me some. After I notified the first waiter that they did have sour cream, he replied in a disrespectful tone "so what!" He yelled and embarrassed me and laughed at me in front of the other customers. He told me to get lost and he also threatened me that if I sued him, that he would get his father to do something to me.

Attorney Answers 3


  1. Being upset about (very, very) rude behavior is not the same as intentional or negligent infliction of emotional distress. It is modern life. Notify the owner, post on Yelp, and call it a day.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. Don't go back. Not every insult is entitled to redress.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. There is no remote possibility of successfully prosecuting a case based on the facts in your post.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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