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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I had a 65" curved tv put into storage in Marina del Rey, CA

Customer Question

I had a 65" curved tv put into storage in Marina del Rey, CA in mid-December. About 3 weeks ago I had a moving company from Las Vegas go to California to pick up my stuff. The tv was just wrapped in paper and there is a spider web damage in the lower left corner. It's obvious to me that the spider web damage looks like it is about a month old about that is just here say. If I fill out a damage report to the first movers will they just say we didn't do it. They needed to have padded the tv. Please give me your legal advice on this, thanks.
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,Unfortunately this really isn't a "legal advice" issue as much as it is an evidentiary issue (although not a hearsay issue, you do have a problem in proving causation).You are going to have photos taken from one moving company to file a claim against another moving company, and either one can point to the other to claim that the other is responsible for the damage.This shouldn't stop you from filing a claim - more likely than not it is probable that the first company was responsible for it, and you can easily argue that the first company is liable simply because they failed to properly wrap the television set in the first place. (This is probably your strongest argument).If the claim doesn't work, you can go one step further and file a small claims action against them - in CA small claims actions allow you to sue for up to $10,000.00 - so you can risk relatively little (a single hearing date and a couple hours of your time) and potentially recover the value of your television. The California Courts have an excellent self help site that guides you through the process and has all the forms that you need (if you do have to file a court case) here: http://www.courts.ca.gov/selfhelp-smallclaims.htmIf you do go to court, you will need the individual mover who took the photos to be available to testify (they can testify both to the condition of the television when the discovered it, and to the quality of the packaging, as well as the standard of care in the industry (how the television should have been wrapped) to make your case).
Customer: replied 6 months ago.
Thank you. I have 3 pictures that I took. One is a pile of the paper wrapper that was used to wrap the TV and two pictures of the corner of the TV and the screen picture. I hesitated for a few weeks after the move of the stuff and contacting the first movers that sent me a disclaimer form. I hesitated to mail it. I had taken the pictures and had the purchasing material from the store I bought it from. Now I have to go back to the store. I don't think there will be any problems that I waited for a few weeks after receiving the disclaimer form to send it that I will do this week. Thanks very much for the information. Hopefully the strongest case will help for there to be initial settlement. Why does the moving company have to take the pictures. Is it bad that I waited for a month to send it to the moving company after they sent me the disclaimer form. I have 3 pictures. One is the wrap they use and the other two are of the picture.
Customer: replied 6 months ago.
"picture" edit....TV
Customer: replied 6 months ago.
the first movers put it in a storage facility in mid-December.
Expert:  CalAttorney2 replied 6 months ago.
My apologies, I misread your initial post, and thought that the second movers had taken the photos - if that was the case they would need to testify (it is an evidentiary issue to prove "authenticity" of the evidence - while this is a small claims issue and you might be able to get around it, there is value (for the other reasons I identified above) for the movers to testify and if they had taken the photos it would be worth having them testify to ensure that your photos are admitted into evidence.While it is generally better to file claims earlier rather than later, if the matter is forced to go to court, you are working with a 3 year statute of limitations here, see: http://www.courts.ca.gov/9618.htm (this means you must file your lawsuit within 3 years (so you just need to get your complaint filed by that time - your hearing date can happen later).As far as resolving this with a demand (or claim) filed with the moving company, I cannot predict an outcome, some companies are better than others and easier to deal with, hopefully they will be helpful. But if not, you do have the option of going to court (which we discussed above).

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