Legal Question in Civil Litigation in California

Sometimes, when I shop at a store (Department and Grocery), the clerk intentionally shortchanges me with a nickel or dime less in change. I could tell by the mischievous look in their eyes that they did it on purpose, and possibly was race related, and the fact that they did not apologize/did not say they're sorry, further shows it was intentional ....My question is, can I sue the store and/or their employee individually, in Superior Court for 1.) Unfair Business Practices, 2.) Unruh Civil Rights Act violation (s), 3.) Negligent Infliction of Emotional Distress, if I'm seeking over 25K for total damages ( 5 cent, Punitive Damages, Emotional Damages, all totaling over 25K), or does it have to go to small claims on a petty claim(s).


Asked on 8/06/14, 6:57 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

The question is what evidence do you have of it being intentional or race related. It is doubtful the look in their eyes or lack of apology would be deed sufficient. If you have a case with damages as you allege it would not be small claims. Again, caution would be wise before filing this lawsuit.

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Answered on 8/06/14, 7:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Selik. It would be hard for you to prove these things happened at all, let alone that they happened for the reasons you describe. It would be even harder to prove that the businesses know what their cashiers are doing, which you would have to prove in order to hold them liable. And to bring a class action, you would also have to prove that the same defendants have done the same thing to many other people -- and you would have to figure out a way to identify who they are.

Please don't think I'm making light of your question. If you're right about what happened, then you have been wronged in ways that go far beyond a nickel here and a dime there. But the kind of case you have in mind would be very hard to bring.

My best advice is to tell clerks who shortchange you that you know what they did, and to demand the rest of your change. If that doesn't work, speak with their managers. Many people wouldn't want to make that kind of fuss, but it's much less drastic than bringing a class-action lawsuit. Finally, if this keeps happening at particular stores, stop shopping there and take your business elsewhere.

Good luck.

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Answered on 8/07/14, 1:48 pm


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