Recording - Small Claims Court CA

[jojosmommy]

We are dealing with a very difficult merchant. They are giving us the run around and lying to us.

They sent out an inspector to take a look at the furniture pieces we purchased that was delivered damage.

During this inspection, we had the inspector pose for the photos and recorded the entire inspection.

What we have in recording is totally different from what he is saying now.

We will be taking the merchant to small claims court. We will be getting the recording officially transcribed and notorized. Do you know if we can use this as evidence to prove that he is lying? During the inspection, he sided with us. Now he said he is denying saying anything what we have recorded.

I know in the state of CA phone recordings, both parties must know that the coversation is being recorded. But this is a recording that took place in my house and in-person. He posed for photos as he did his inpsection.

Your help would be much appreciated.

Again, we'd like to submit this as evidence in the state of California and in Small Claims Court.

 

[jojosmommy]

Having a 2 Year Old at Work

I am dealing with a very difficult furniture business. They delivered damaged furniture, refuses to replace them, or take it back.

There was a lot more damage than the obvious. I wasn't able to inspect it thoroughly, because at the time of the delivery, one of the delivery men had brought their 2 year old son along with him. He wanted his son to wait out side my door step. I was not going to be reponsible should anything happen to him, as I too am a mother of a 2 year old.

I was babysitting while this delivery was being made.

I live in the state of California, is there a law about having a minor while moving equipment. Can I report them?

I don't want to get dirty like this, but they are giving me the run around, lying to me, and making things very difficult.

Please let me know.

Thanks.

 

[Michael Wechsler]

I wouldn't be making a big deal about the child. It has nothing to do with the matter. If the furniture was delivered damaged, did you make a complaint immediately? Did you dispute this with the credit card company if charged? I'd send a demand letter quickly and confirm your attempts made orally in the letter. If that doesn't get you any results, let them know you're suing them and reporting them to the Better Business Bureau. You may end up in small claims court. Best advice? Take pictures immediately which may show that the damage was likely not caused by you, e.g. damage in transit, etc. Ideally it would have been best to inspect in the future but take it a day at a time. Best of luck.

 

[Michael Wechsler]

I'm not entirely sure of the evidentiary matter. If you're in small claims court, the rules typically fly out the window and I wouldn't bring up the recordings, only for "impeachment purposes." I'd cross examine the inspector and, if he denies clear statements, I'd ask him if his answers would change if he knew that his entire performance was recorded on a hidden video camera. If he still persists, I'd try to admit that piece of evidence as a last resort. I don't think there is the same right that may exist for telecommunications. Good luck.

 

[jojosmommy]

Hi,

Thank you for both responses.

 

[CdwJava]

The video is not as damaging as any audio recording might be.

Was the inspector aware of the audio recording? If not, then you might expose yourself to criminal prosecution if it comes out. While it is unlikely that you would be prosecuted criminally (for a number of reasons), the other side MIGHT be able to object to the introduction of an unlawfully obtained audio recording.

You might consider consulting a local attorney on the issue to determine your level of exposure should this come out.

- Carl