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You can sue anyone in small claims court.... (archive)

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Posted by Lester on July 30, 2001 at 22:34:58:

In Reply to: Hey LESTER, you out there? posted by Ox///M on July 30, 2001 at 21:43:18:

That includes BMWNA!

In California small claims court actions are limited to claims of less the $5,000.00. No one in a small claims case can have an attorney.

If the Defendant (BMWNA) wins the Plaintiff (you) have NO appeal from the small claims action.

If you win then the Defendant (BMWNA) can request a new trial de novo. That means that they get a new trial simply by asking for one. The parties in the new de novo trial can be represented by an attorney.

With respect to the rims, you might not have a good case if your complaint is that they don't stand up well when you run them into the curb. They were not designed to be rubbed into curbs. The fact that they are hard to clor match repair also does not make them defective.

The defect should go to their safty or use for which they were intended. You might also recover if they do not color match. I would have to know more about the specific defect before I could render an opinion about the issue.

I hope this helps. If not e-mail me and I will try to be more specific.

Lester


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