Legal Question in Business Law in California

I run a restaurant. At the end of last year, a law firm came in for a holiday party. The brought in their own wine and also purchased some from our list. Several months later, I received a letter from the head of the law firm stating that they had brought in 4 bottles of wine but only consumed 3 (with the 4th not being returned to them), and that we charged them for one more bottle of wine than they ordered. They are insisting that we return the alleged unconsumed wine (which was in fact consumed), and threatened to file suit if we do not.

What is our legal exposure here? I can say with certainty that they did in fact consume the wine; what's more, we obviously do not have the bottle to return to them. Even if we did have it, do they have any legal claim on the wine after (allegedly) leaving it at our restaurant for several months?


Asked on 6/05/10, 8:41 pm

5 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

While the claim is not barred by the statute of limitations, you might be able to argue that they are estopped from raising it as they wanted so long that you can no longer obtain evidence in your favor [witnesses do not remember that far back, can not reconstruct records of consumption, etc.]. Your exposure is the value of the two bottles of wine they claim they did not consume. You could offer them a discount on their next company meal at your restaurant [since they probably will never come back to you no matter what], after pointing out you are sure they did consume the wine, it is ;unfair they waited a couple of months; they might not be able to sue in Small Claims Court as the correct plaintiff is unclear; in Superior court the filing fees are more than the wine is worth [$355 to file], they will loss more money in billable time then they can win, do they really want to testify under oath as to whether they were sober enough to remember how many bottles of wine were consumed and why did they wait so long to make a claim to you, no one likes attorneys so they will have to overcome that basis against them, etc. That they demand the wine back or they will sue and do not offer any compromise suggests that they know their case is weak and that they are trying to frighten you into settling.

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Answered on 6/06/10, 12:08 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point. Threatening to sue you for one bottle of wine? Give me a break! Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/06/10, 8:44 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would call my local newspapers and TV stations.

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Answered on 6/06/10, 5:16 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I agree with Mr. Stone. It's this type of thing that give lawyers bad names. I would just ignore them.

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Answered on 6/07/10, 8:56 am
Anthony Roach Law Office of Anthony A. Roach

That law firm must not have very much to do if they are fighting with you over a bottle of wine. I'm sure they have misplaced and lost things worth a great deal more. Either that, or it was one hell of a bottle of wine.

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Answered on 6/07/10, 3:51 pm


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