Q: Can I sue the same person twice in small claims for different transactions that have the exact same set of facts?
Good day to you. I made a purchase online & immediately canceled the sale. Nothing was ever shipped. The seller kept 20% of my money and put the rest on a gift card, per their terms. I confirmed with the manufacturer via email that the seller incorrectly listed the specs for the product. I sued the business in small claims for violation of the california business regulation that prohibits misrepresentation. The judge ruled in the seller's favor based soley on his terms & conditions that state customers should not rely on the info listed on his site to make a purchase, & that the customer assumes the risk if there are any errors in his listing. This ruling CLEARLY violates mulitple public policies, civil codes and the UCC.
If I use the gift card thats been foisted upon me to purchase the exact same product as last time and is still mislabled, can I sue the seller again, under a similar but different law? This time it would be under the California Consumer Legal Remedies Act 1670
A: I am guessing this is in small claims court. So, you are planning on purchasing the same exact item using the gift card knowing the description is misleading and that the judge previously ruled against you just to have a second chance to argue your case? I doubt the judge will be very receptive, but it's your decision. JA's AI generated response fails to consider the dynamics of small claims court and the human element.
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A:
You may be able to file another small claims case against the seller using the gift card, especially if the situation involves a different transaction or a new legal basis like the California Consumer Legal Remedies Act. Each case is evaluated on its specific facts and the applicable laws, so presenting a different legal claim can provide a fresh perspective for the court.
However, it's important to consider that the previous ruling might impact your new case, particularly if the court finds the transactions to be too similar or if there are issues related to res judicata, which prevents the same parties from litigating the same matter twice. Make sure to clearly differentiate the new claim from the previous one by focusing on the specific violations under the Consumer Legal Remedies Act.
Consulting with a legal professional can help you understand the nuances of your situation and strengthen your case. They can provide guidance on how to present your claims effectively and ensure that you meet all necessary legal requirements for a successful small claims action.
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