Legal Question in Civil Litigation in California

Promise refund for condo rental never sent

I rented a condo from an owner in Maui, when we originally talked about the condo I specified that we were looking for a ''quiet place'' the owner gaureented that it was. Upon arrival it was not at all what she implied in emails on her website or phone conversations. I called her the next day and told her we were disapoined and wanted a refund and would be looking for another place. Though she was not happy about it we agreed to 1 night rental and cleaning fee to total $275 and to be taken out of our $875 check we had wrote her, she said that after inspection of the proberty by cleaning lady she would refund check the following day ($600). Needless to say we have not recieved the check and it is going on a month. I emailed her several times and got back a reply that she would let us know when it will come (i have kept all documentation. So when i go to small claims court can I ask for reimbursement from the time this takes me from my company (self employed and the time I spend on my business directly affects my sales), court fees, child care costs on the day of trial? Do you think I have a case?

thank you


Asked on 9/18/02, 1:09 am

2 Answers from Attorneys
Martin Snitow

Re: Promise refund for condo rental never sent

No, you will just recover the $600.

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Answered on 9/18/02, 6:08 am
JEB Pickett Wynne Law Firm

Re: Promise refund for condo rental never sent

No, you cannot get any costs for your time. You will only get a judgment in the amount sought. If the owner resides in Hawaii, then you will need to request the State of Hawaii to recognize the "sister state" judgment from California and then find a way to enforce that judgment against her in Hawaii.

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Answered on 9/18/02, 10:35 am


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