Legal Question in Business Law in California

I own a california automotive smog facility which is overseen by the bureau of automotive repair, I had a customer come in and ask me to perform a smog check inspection she signs the work order and left to return later to pick up her vehicle. My smog tech then proceeds to "smog check" the vehicle and comes into the office (after the test is complete) to inform me that the vehicle failed (for something we have no control over) I informed the customer she comes into the office pays, also informs me that I should have known it was going to fail and not smoged it (it doesnt work lie that), we did not know the vehicle would fail and I tried to explain this to the customer, i took about 30-45 min to carefully explain the best I could with her, in the end she thanks me pays and leaves. The next day she goes onto google, yelp and is making lies up in order to leave negitive feedback, she now is claiming that I knew the vehicle would fail and I only failed her vehicle in order for her to have to unnessarly re-test the vehicle for an additional fee. (I also want to add that when she came to pick up her vehicle she then informed me that another person recently was working on her truck and disconnected the battery which made it fail because the computer was not ready to be tested, her argument is... that I should have known that it was going to fail for that reason, she is also now saying that she informed me of all this prior to the inspection when she dropped off the vehicle, which is 100% false)

She came in asked for a smog inspection, we did so, the vehicle failed by way of something we could not see nor have any control over, she is upset with us and believes we should have known this. Even if we did "know" the vehicle would fail, it does not matter we are to test the vehicle "as is" according to the state.

She has put in a complaint to the BBB as well as our state agency that oversees automotive repair, and made negitive comments making false claims. My issue is, irregaurdless of the claims this customer makes, the state agency has to come out and conduct an investigation and even is the find it to be without meritt it will stay on our record. She is also asking that her money be refunded for a service in which we already provided, because her vehicle failed.

What can I do if anything in this matter?

I want to draft up a cease and desist letter (from an attorney)


Asked on 1/16/13, 4:16 pm

1 Answer from Attorneys

Seth Wiener Law Offices of Seth W. Wiener

A cease and desist letter is probably the appropriate response if her review of your business contains false statements. I would be pleased to discuss the matter with you, and to send the complainant a cease and desist letter.

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Answered on 1/16/13, 4:35 pm


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