Store brought to me not new, repaired furniture instead of new, will it be violation of: Section 17200 of Bus and Prof Code “unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice” or Section 1770 Civil Code “Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand”. What is the difference and better for small claim court, if I want a refund?
Patent Application Attorney
If you contracted for new goods but used goods were delivered, you surely have a cause. Wonder why you accepted them, however. Did you only later discover that they were used?
All comments on this site are 'in the cloud' and do not form an attorney-client relationship of any kind. Just consider them ideas for discussion. J
You need to sue for fraudulent misrepresentation.
Don't sue under California Business and Professions Code section 17200 (California's Unfair Competition Law) in small claims court because your available remedies are only injunctive relief and restitution of profits, not your damages. (Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal. 4th 1134, 1143.)
“[A]n action under the UCL is not an all-purpose substitute for a tort or contract action. . . . Instead, the act provides an equitable means through which both public prosecutors and private individuals can bring suit to prevent unfair business practices and restore money or property to victims of these practices. . . . [T]he overarching legislative concern [was] to provide a streamlined procedure for the prevention of ongoing or threatened acts of unfair competition. . . . Because of this objective, the remedies provided are limited. While any member of the public can bring suit under the act to enjoin a business from engaging in unfair competition, it is well established that individuals may not recover damages.” (Korea Supply, supra, 29 Cal.4th at 1150.)
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 lawyers agree
you've posted about this before and received the same responses. This is a very weak case for unfair competition/ practices case.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.