Michelle vs Cooking Healthy and Max’s Supermarket – Decision

I decided to dismiss Michelle’s claim. Although I sympathized with Michelle for her frustrating and stressful experience, the cable show should not in my opinion be held responsible simply because it gave its viewers the name of Max’s Supermarket as the source of the product. Mistakes happen, but they do not always result in damage.…

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Murray vs Shelley’s Jewelry – Decision

Shelley testified that he never said that it would be exact. Shelley then showed me photos of both rings. To my eyes, they looked the same. Shelley also said that he spent $1,000 of his own money to please Murray and Miriam. I then said that I would rule against Murray. At this point, I…

Wesley vs Carrey – Decision

I held Mr. Carrey liable for $498, the dollar amount that Ms. Wesley proved, but I did not double the amount because of his conduct. Ms. Wesley is entitled in my opinion to an award for the dented car door. However, her fear and terror, which I believe was real, cannot be measured in money,…

Yong vs Kizi Fashion – Decision

In my opinion, Kizi was not obligated to pay Mr. Yong’s loanshark interest as additional damages. To begin with, Small Claims adds “statutory interest” (presently nine 9% per annum) on all monetary awards. Also, in cases involving breach of contract, only damages that directly flow from the breach are compensable. Mr. Yong’s cost for his…

Pernod vs Green – Decision

I granted an award to the Pernod sisters of $2,800. In my opinion, Ms. Green led the sisters to believe that she had the authority to sublet the apartment to them. It is possible that the sisters will not be able to collect the judgment against Ms. Green. I told the sisters that in that…

Fred’s Hardware vs Hill – Decision

I decided to allow the offset. Robert’s presence behind the counter at the store, coupled with the fact that there had been a pattern of similar dealing between Jake and the father over many years, gave Robert what the law calls “apparent authority” to make the offset deal with Jake. Jake swore to the offset…

Ricky vs Renee – Decision

I said that in my opinion this case should be settled by the parties directly. I said that I could enter an award for a specific sum of damages against Renee and in favor of Ricky, and that I was prepared to do so. In thinking about what was “fair”, Renee’s offer to settle the…

Michelle vs Birds R Us – Decision

I held in favor of Birds R Us, and dismissed Michelle’s claim. Michelle bought Tweety Bird with Nancy’s promise to take the bird back for any reason within a few weeks of her purchase. Tweety Bird was treated by Michelle for about six months, which is a lot longer than Nancy’s offer. Michelle’s efforts to…

Diaz vs Pappas – Decision

This case involves the legal theory of “due care” and whether the accident was “foreseeable” by a reasonable person. It seemed to me that the facts described by the parties made the event foreseeable. Mr. Diaz was parked legally in front of the defendant’s garage. The curb lacked a curb cut. A cart operator had…

Howard vs Clean My House – Decision

In order to prevail on his claim that Clean My House is liable for his missing belongings, Howard must establish, within reason, proof of either actual theft by the workmen or at least some wrongful conduct on their part. Mere suspicion on Howard’s part is not enough. Howard’s obsession as a hoarder is a possible…