I had an incident where something was thrown away by a yard house employee at Murrieta California. I called corporate

Question

Which is  Darden and I told them about it. They agreed to reimburse me after I gave them the cost of reimbursement from my dentist. Months past and didn’t see a check yet. After calling them 100 times they finally answered and said they thought they sent the check out and that they were sry and would send out another check. I didn’t receive the check and here we are almost 2 years later and still nothing. The reimbursement was suppose to be for my retainers and now my teeth have shifted so now I am taking them to small claims court for the cost of getting braces again since by them not sending me the check I never got retainers which caused my teeth to shift again. My question is do i sue yard house and have to file my claim in the county where the incident happened and go by the date that happened or do I sue Darden which is the company yard house is under and go by the date they agreed to send me a check for reimbursement. Please help as this is very very time sensitive. Thank You

Dan Rowan Cortright · Answer

For basic property damage claims, you have 3 years from the date of the damage (i.e. when they threw the retainers away) to sue.  For the shifting of your teeth, that would constitute a personal injury claim (although it may be tenuously connected to your property damage claim), and for PI claims the statute of limitations is 2 years from the date of injury.

Q: I had an incident where something was thrown away by a yard house employee at Murrieta California. I called corporate