Legal Question in Consumer Law in California

How long do I have to file small claims for damage done to my diamond ring? I noticed when I got home the day I picked up my ring the jeweler returned my ring damaged and with a diamond missing. I took the ring back to jeweler the next day. They agreed to fix it. It came back in worse condition. I called the owner many times, he finally agreed to pay me $40 without seeing the ring, that wasn't a fair amount, I never took the money and I put the ring away. Having been told by salesman the ring is a little damaged but the diamonds were secure after some weeks I started wearing it again. Then a few weeks later I noticed the same diamond fell out. I got 3 estimates from other jewelers who told me the ring was compromised and unsafe to wear.

Does the time start from the day I first got the ring back- (the date on the receipt for my payment) or a few months later when the same diamond they lost and remounted again fell out and I FOUND OUT the ring is compromised not secure at all.

Asked on 10/18/15, 8:56 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

More than likely, Code of Civil Procedure section 338 would apply: i.e. 3 years for damage to personal property. The clock starts to run on the date such damage occurred (i.e. the negligent repair or repairs). It's 4 years for breach of written agreement, and 2 years for breach of oral agreement. I would argue that the last repair was the one that triggers the statute of limitation. If both repairs were within 3 years, you might contend both if the "repairs" were made by the same jeweler.

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Answered on 10/18/15, 9:19 pm

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