Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that all of this happened.
She can contact the court and ask to reschedule the court date based on her condition. Based on what you've said, it sounds like she has a very good chance of winning the case if she IS in court. A business may be represented in Small Claims Court by an employee, if the employee has access to the business records needed as evidence in the case. So if your mother has a manager or employee, that person could go to court for her. But it's usually best to have the person who did the transaction there, because most of the case is going to hinge on her testimony as to what happened, and the judge needs to be able to cross-examine her. It's possible that even if another employee appears, she could lose the case by not being there. Note that this will only work if it's the business being sued and not your mother personally. If she's being sued personally, she'll have to appear.
Here is more information:http://www.dca.ca.gov/publications/small_claims/basic_info.shtml
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