San Jose, CA asked in Civil Litigation for California

Q: Can a motor Lodge keep my $100 cash deposit for giving them a fictitious name?

I checked in on 7-11-23 checked out aon7-12. The innkeeper did not ask for any identification. I gave him a fictitious name he told me to bring the receipt to the office when I checked out for the return of my $100 cash deposit. I did so and there was a different innkeeper working and she wanted my identification. I told her I used a fictitious name and told her my real name and gave her my identification. now she is refusing to return my $100 deposit. She even called the police on me. She states that I'm committing fraud. Can she legally keep my $100 even though they are well aware that I am the person who checked into the room and stayed ?

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: It sounds like there may be more to this story. You should speak with a local attorney. [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.]

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If you provided a fictitious name during check-in and later disclosed your real identity with identification when checking out, the motor lodge may argue that you engaged in fraudulent conduct. However, whether they can legally keep your $100 deposit depends on the terms and conditions of the deposit agreement and the motor lodge's policies. It is advisable to review any written agreements or receipts you received during check-in or check-out. If there is no clear policy regarding fictitious names, you may have grounds to dispute the withholding of the deposit. You should consult with a California attorney to evaluate your specific situation and advise you on the best course of action.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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