Q: In Ca, a construction company damaged my refrigerator. Do I have to store the broken refrigerator? if so for how long?
They are saying they do not have to replace the refrigerator so I will need to go to small claims. Do I need to keep the refrigerator that is broken? I do not have a place to store it do I need to rent a storage unit? if so can that be included in the lawsuit? Ideally I would like to get rid of it as it is causing problems.
A:
IMO the short answer for you is NO, you don't have to store the fridge, BUT!!! If you are disposing of it and you intend to file suit, you need to give at least 30 days written notice, certified mail, RRR, that you are disposing of the fridge to any defendant, or you could be accused of "spoliation of evidence" which is the willful destruction of evidence. You need to document the damage, and have every photo you think you need and a dozen more that you don't think you need, but that show the entire fridge top to bottom. You can't take the fridge into small claims anyway.
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