Legal Question in Business Law in California

i went to a gas station two months ago. after filling i drove off with the nozzle still in the car which it disconnected. owner/worker of the gas station comes and asks for my insurance which i give up and ask the same in return which he denies giving up his business info. i call the police, they stop by ask the owner for the business lic which he presents to the police while making me a copy. While all the was happening my family was there as well. I went back a few days ago to put gas into the car and the owner/worker at the gas station refused service to me and saying "i don't want to see you, or your family here again because of you calling the police on me" what should i do in this type of situation?can i sue?


Asked on 6/07/10, 12:27 pm

3 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

What's there to sue over? How have you been damaged? Why did you call the police in the first place? If anyone should be sued it is you - for the damage to his gas pump. You should pay him for the damage you caused and find another gas station.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 6/07/10, 3:35 pm
Anthony Roach Law Office of Anthony A. Roach

I wouldn't let you get gas at my station either, especially after you damaged one of my pumps and then called the police on me. Why the hell would you ask for his insurance? He wasn't driving an automobile.

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Answered on 6/07/10, 3:39 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Private businesses have the right to refuse entry and/or service to anyone for any reason or for no reason at all, unless they do so on the basis of race, religion or some other suspect classification. You were banished because you damaged the business's property in a way that was quite dangerous and because you made a groundless police report against it. The owner's decision is more than reasonable; I think most service stations would have done likewise.

You have no right to do business with that station, or even to visit it, if its owners don't want you to. If you insist on going anyway, you will be a trespasser. The station could then sue you civilly and/or have you prosecuted criminally.

Yet despite all of this, you think you should be the one who can bring a lawsuit? Sorry, but that's not how it works.

Just find another gas station, be careful with its property, and be courteous to its personnel.

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Answered on 6/07/10, 3:54 pm


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