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Can I win in Small Claims for fraud

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Kelly34

Junior Member
CA

I am a tile contractor who was subbed out by a General contractor to install a lobby. Part of this job included installing a slip sheet which when first applied is like glue...very sticky. We were working on the second floor and had the elevators closed off on the first floor so no one would step out onto the fresh slip sheet. Sure enough a receptionist from another tenant from downstairs took the blocked elevators up "to see why the elevators were closed" and, after she was told by my workers not to walk on the floor because she would get glue on her shoes, she walked right out on the floor anyway to scream at my guys for closing the elevators. Then, as she was turning back around to get back into the elevator, my worker told her to not go back in the elevator as she would track the glue onto the carpet. He also told her that he would clean her shoe off for her. She ignored him, walked back into the elevator,looked down and saw the glue on the carpet and said "oh well."

Now she want's up to pay $600 to replace her shoes that we "ruined." But he can't provide me with the shoes that we ruined. She said she threw them away. She also ignored us when we told her not to walk on the slip sheet and she ignored our offer to clean her shoes. Can she win in Small Claims court if I refuse to pay?
 



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