San Diego, CA asked in Consumer Law, Contracts, Animal / Dog Law and Small Claims for California

Q: What laws pertain to a breach of sales contract (bought a cat) and what law allows me to sue for restitution damages?

I bought the kitten for $750, from a person, claiming they were worked with a Cattery. I traveled to the location for the transaction, not at the Cattery. They gave me the wrong gender. Kittens at that age may be difficult to determine the gender without a thorough examination. They acknowledged their error, but would not give me a refund. They said they would give the gender I wanted, but it never happened. I have the text threads as proof. They stopped communicating with me and blocked me. I have cared for the kitten for a few months and paid veterinarian costs. I hired a private investigator to obtain information I needed to contact the seller and sent a demand letter. I need to reference the laws allowing me to take them to small claims court for not fulfilling the sales contract and sue for all costs incurred from this transaction.

1 Lawyer Answer
James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: Sounds like a small claims action. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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