Legal Question in Civil Litigation in California
I sold a large, rare pet tortoise to an individual for $20,000 several months ago. The tortoise had just been treated for a mild upper respiratory (cold), and appeared fine, and the buyer was informed of this. Within a month, he called complaining that it would not eat, and it died about four months later. Now he is claiming that I never disclosed the respiratory condition, and he wants to sue to recover his funds.He also signed a bill of sale stating "as-is, final", and a hold-harmless agreement stating basically the same. He is claiming legal grounds under California civil code section 1770(a) (h) ? What type of defense attorney would best handle this case for me ?
4 Answers from Attorneys
California Civil Code section 1770(h) does not exist. Section 1770 is part of a comprehensive statutory scheme dealing with unfair trade practices. Your buyer is basically saying you violated Section 1770 by engaging in some form of unfair practices - any general civil litigation attorney would probably be able to defend against these types of claims.
You might also seek input from your homeowners' insurance. It might reject the claim because it was a commercial transaction, but since it appears to have been a casual sale, you might prevail on them to at least provide you with a defense.
I agree with Mr. Hoffman that most litigation attorneys should be able to assist you.
This is 'standard' litigation and a standard type of defense necessary, even though is is about an unusual item. An attorney's 'drop dead, pound sand' response letter may be all that is necessary to make this go away, that is if you really have an 'as is' bill of sale; that is the whole point of having one. If suit is actually filed against you, a early motion may also do the trick. Feel free to contact me if serious about getting this legal help.
An agressive defense to law suits is imperative for an acceptable outcome. When you are served, please contact me. 20 years experience.
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