Dry Cleaner ruined garment. I need civil codes and documents to support my case

[Darla F]

What is the name of your state (only U.S. law)? CA

I'm going to small claims court and am looking for documentation to help my case.

A dry cleaner ignored the manufacturers cleaning instructions and damaged a wedding dress beyond restoration. I have an ITAL report stating that the damage was done during the cleaning process because they didn't follow the label.

Are there any cases that involve dry cleaners that will help? Any civil codes?

I'm seeking replacement value. Repairs are more expensive than what I paid and they can't even fix the whole dress, some damage will remain. My local law library didn't have any helpful info, but said if I can get civil codes, they can help me then.

Even if there's a case where I can show precedent, I think that will be helpful.

Thanks.

 

[justalayman]

before you do anything else, look at the "ticket", front and back, and see if there is a limitation of liability. If there is, go and ask for the max and see where things go.

 

[Darla F]

before you do anything else, look at the "ticket", front and back, and see if there is a limitation of liability. If there is, go and ask for the max and see where things go.

The garment is worth way more than what's on the back of the ticket.

I already approached them several times.

The issue is they didn't even dry clean the item. They just washed it in soap and water ignoring the label and I even told them "no water" when I dropped it off. I don't think what's on the back of a ticket applies to that much negligence.

I didn't sign any waivers either.

The cleaner has already agreed that they did the damage, they just aren't paying, that's why we're going to court.

I just want to make sure I have any documentation that will help like a civil code or similar court case (since I can't have a lawyer in small claims court).

 

[justalayman]

Darla F;3268722]The garment is worth way more than what's on the back of the ticket.

so? if they gave you notice of the limitation prior to their damage, you accepted the terms. They owe you the max within their limits and no more.

The cleaner has already agreed that they did the damage, they just aren't paying, that's why we're going to court.

good luck with that. You need to figure out how to overcome the stated limit of liability before you do anything else. If you cannot overcome that, you will nothing more than the stated limit of their liability.

 

[Darla F]

I read the back of the ticket again and it only applies to fabric defects if they dry clean it.

The garment was not dry cleaned (it was washed) and there are no fabric defects from the manufacturer.

I'm looking for supporting court cases, civil codes and documents applying to dry cleaning.

 

[justalayman]

I read the back of the ticket again and it only applies to fabric defects if they dry clean it.

The garment was not dry cleaned (it was washed) and there are no fabric defects.

Again, I'm looking for supporting court cases, civil codes and documents.

I'm not looking for opinions on if I can win the case.

well good luck then. I can offer you nothing more.

 

[Silverplum]

Again, I'm looking for supporting court cases, civil codes and documents applying to dry cleaning..

I'm not looking for opinions on if I can win the case.

You may consult a local attorney and pay her/him for her/his time spent in research.

 

[Darla F]

You may consult a local attorney and pay her/him for her/his time spent in research.

I haven't been able to find an attorney to help. The bar association was useless (they wouldn't give me a referral even for consult and said to go to small claims court).

Is there a particular kind of lawyer I should look for in the yellow pages?

I don't mind doing the research. I just don't know where to look. I already went to the law library and the librarian wasn't sure either.

She's the one who said to see if I can find a civil code.

Has anyone used Rocketlawyer?

 

[Zigner]

Please post, word-for-word, the limitation of liability printed on the ticket. Also, please advise of any signs at the establishment that limit liability.

 

[Darla F]

Please post, word-for-word, the limitation of liability printed on the ticket. Also, please advise of any signs at the establishment that limit liability.

There were no signs posted.

The print on the back of the cleaning stub is illegible without a magnifying glass. It's so small.

Are there any California laws about the size of fonts and contracts?

I was able to find one for New York, but not California.

 

[justalayman]

There were no signs posted.

The print on the back of the cleaning stub is illegible without a magnifying glass. It's so small.

Are there any California laws about the size of fonts and contracts?

I was able to find one for New York, but not California.

You can't read it yet you posted this earlier:

I read the back of the ticket again and it only applies to fabric defects if they dry clean it.

so, does it say what you claimed it says or can you not read it?

 

[Darla F]

You can't read it yet you posted this earlier:

so, does it say what you claimed it says or can you not read it?

I can only read it with a magnifying glass, which is how I read it before. It's very difficult to read. Yes, it says that he's not responsible for fabric defects (which isn't the case anyway). That's what he first tried to say until I showed him the lab report that showed he was responsible.

In California is there a minimum font size that these stubs are suppose to be printed in?

I was told by the law librarian that what's written on the back doesn't apply because there was negligence by the dry cleaner.

The dry cleaner has admitted fault and he already wrote me that wants to pay, but there's no way for me to enforce it, so that's why I'm going to small claims court. He's stalling.

I just want to be prepared and make sure I don't miss anything to bring to court.

 

[justalayman]

I can only read it with a magnifying glass, which is how I read it before. It's very difficult to read. Yes, it says that he's not responsible for fabric defects (which isn't the case anyway). That's what he first tried to say until I showed him the lab report that showed he was responsible.

In California is there a minimum font size that these stubs are suppose to be printed in?

I was told by the law librarian that what's written on the back doesn't apply because there was negligence by the dry cleaner.

The dry cleaner has admitted fault and he already wrote me that wants to pay, but there's no way for me to enforce it, so that's why I'm going to small claims court. He's stalling.

I just want to be prepared and make sure I don't miss anything to bring to court.

so when you were asked to provide the exact verbiage on the ticket, your argument of I need a magnifying glass was your way of saying f off I'm not going to tell you, right?

and still you do not provide what it says after claiming you have read it so you apparently have a magnifying glass so this is another f off, right?


if you want answers, try providing what is asked of you.

The dry cleaner has admitted fault and he already wrote me that wants to pay,

then what is the problem? Go pick up your check.

 

[dcatz]

OP – If you’re still around and still going to court because you want the certain enforceability of a judgment:

Dry cleaner (“receipt as you walk out the door”) contracts are often considered “contracts of adhesion”. A contract with terms that are illegible without a magnifying glass may well be found to fall into that category. For CA statutes, start with CC sect. 1670.5(b), which provides as follows:
“If the court as a matter of law finds the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result”

For a review of what FA Staff says about contracts of adhesion, see:
https://law.freeadvice.com/general_practice/contract_law/adhesion-contract.htm

The key CA case is Graham v. Scissor-Tail, Inc., 23 Cal. 3d 807 (1981) and you can Google CA and Ninth Circuit decisions on other types of adhesion contracts

If you’ve gotten paid or have decided to accept the offer of payment, congratulations and, as Roseanne Roseannadanna would say, “Never mind”.

 

[justalayman]

If you’ve gotten paid or have decided to accept the offer of payment, congratulations and, as Roseanne Roseannadanna would say, “Never mind”.

I believe that would be Emily Litella.