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Joseph
Joseph, Lawyer
Category: Consumer Protection Law
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Hi,Im thinking of filing a complaint against a bakery

Resolved Question:

Hi,

I'm thinking of filing a complaint against a bakery retailer. Last month, after canceling a $450 order over 48-hr in advance, I was told I couldn't get a refund of what they charged me, but that I could order from them in the future and they'd deduct from the tab until we were even. In the last several days I've tried calling and emailing to place an order, but they're ignoring me entirely. Can I sue for the $450 that I haven't gotten the equivalent back from (whether in baked goods or as a refund)? Could I sue for even more for this refusal to provide service to me on top of that?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You can definitely sue them for the $450 for their failure to honor the terms of your contract with them in which they promised that they would provide you with $450 in store credit for the amount that you had been charged, but canceled 48 hours in advance.

I'm afraid it's unlikely though that you would be able to receive anything more than that, since a business does have the right to refuse service to anyone, as long as it is not doing so due to discrimination on the basis of a protected characteristic (like race, gender, national origin, ethnicity, etc.).

You can find all the forms that you need to file a small claims case against the bakery retailer here:

http://www.courts.ca.gov/forms.htm?filter=SC


If you can tell me what county in which you reside, I can also look into whether it is possible to file your small claims case online, as that is possible in some California counties, like Los Angeles County for instance.



I hope the above information is helpful.

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Thanks and best of luck!

-Joseph


Joseph, Lawyer
Satisfied Customers: 5273
Experience: Lawyer with extensive experience representing individuals in consumer protection law.
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