What California law can I cite on small claim filing for custom furniture not made to specifications?

Asked over 1 year ago - Woodland Hills, CA

I ordered custom furniture from an upholsterer who did not make my furniture according to my specifications. He is refusing to give me a refund or to repair my furniture. He has a no refund policy and is relying on that. I am preparing a small claims filing and want to know if there is any specific law I can cite on my form that represents my situation.

I thought my case was covered by Civil Code Section 1723; however, a contract attorney posted that he thought my contract was a service contract as opposed to a sale of goods contract. Is there a cite for a service contract? Should I just say he breached our agreement by not making my furniture according to my specifications?

I can request morning or afternoon or a certain day of week. What do you recommend?

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . You would just argue that he breached your agreement by not making the furniture to specifications. You don't need to cite any specific code section.

  2. Kamala Maddipoti

    Contributor Level 8

    Answered . You have to show that there is a breach of contract and there is no fault of yours. Make sure you take enough proofs.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't... more

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