Los Angeles, CA asked in Consumer Law for California

Q: Is there any "contract" when purchasing fast food ? If so is this breach of the duty of good faith and fair dealing?

I purchased a soda from a drive thru for my mother that was too sick to drive herself, she almost gagged after taking a sip & so did I after I removed the lid because there was an old rotten big slice of lemon floating not even any ice & this place doesn't even offer lemons neither in their food or on the side so it had to have been intentionally put in there. When I returned to said restaurant with the cup I began recording audio.

The assistant manager lied saying she was going to take the cup to the manager but she actually dumped the soda and lemon in the sink and tossed the cup in the trash then I repeatedly asked for the manager but every employee ignored me so I decided to leave but while walking to my vehicle 4 squad cars pulled up and 8 police officers jumped out weapons drawn because management called 911 & said I was threatening them & harassing customers but the recordings proved otherwise. Now corporate ignored me I even tried tweeting them. Is there anything I can do?

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Your damages for the soda are the cost of the soda, so if you want to sue in Small Claims for $1.29, you might have a case, except you can't prove there was a lemon, or that it was rotten. You have no damages for the restaurant calling the police.

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