Such a deal!!

[scarpetta]

2 months ago, I bought a used vehicle from a friend in California. Before getting on the road to drive it 2000 miles to my home, I took it for an oil change at Jiffy Lube. 500 miles later, the engine was burned up. According to the mechanic I was towed to, Jiffy Dudes had either re-used an old gasket and/or overly-torqued a new one and/or not properly tightened the new one, the net effect being that the engine did not get sufficient oil and burned up. Jiffy, of course, if denying any responsibility at all. I had to pay to get a new engine installed, had to pay for a motel room and food for 3 weeks while waiting for the engine to become available and be installed. Counting all of this plus my lost wages while stuck, the total comes to more than a small claims action, which I am told I would have to file in California, not conveniently for me here at home. I am thinking about taking the darlings to Federal court here in my hometown (since they are a franchisee of a national chain) pro per because I don't know if I could find a lawyer interested in a relatively small (to a lawyer) case. I've also thought about initiating a class action suit because I'm becoming aware of many people who say Jiffy Lube has wronged them like this. What think ye? Any advice would be appreciated. Thanks for your thoroughness.

 

[I AM ALWAYS LIABLE]

My response:

1. You're not a lawyer.

2. You don't know or understand litigation, or it's processes.

3. You aren't familiar with Federal law and procedure.

You're better off filing a Small Claims action in California. While California has a $5,000.00 cap, something's better than nothing.

However, be aware that your costs of this enterprise will undoubtedly equal at least half of the amount you seek to obtain.

a. You need to contact the Small Claims court nearest to the Jiffy Lube location to obtain the papers needed for filing your claim.

b. You need to consult with, and bring with you to court, an Expert Mechanic from California who is willing to testify about what Jiffy Lube did wrong. Your own testimony in this regard is worthless to a judge. Outside of plane tickets, this will be your major expense. A "notarized statement" from a mechanic is worthless in court.

c. Once you obtain a court date, you'll need to bring all repair estimates, bills, proof of payment for the repairs.

d. You'll need to serve the Jiffy Lube Corporation. Contact the California Secretary of State office in Sacramento for information concerning the name, address and telephone number for the Agent for Service of Process for the corporation in California.

Good luck to you.

IAAL

 

[scarpetta]

Thank you but I know I am capable of learning the things I would need to know to take them to Federal Court. No one is born knowing that but law students can learn and I know I can, too. The $5000 comes nowhere close to the nearly $25,000 that I am out. I would not only have to fly there, but hire a mechanic, house and feed and transport myself, lose pay while away from work, and leave a young child with God-knows-who. No, small claims in Calif isn't worth it for me. What about a class action? I need a lawyere who cares about my problem and will attack with a vengeance to obtain justice for me and if there isn't one out there (who I can find), then I will just do it all myself. I have little choice.