Case Analysis: Cancelled Warranty on a Purchased Automobile

Introduction

The name of court attended is the Superior Court of San Mateo of the address 500 County Ctr, Redwood City, CA 94063. The name of the Plaintiff is Erika Karina Perez while the name of the defendant is the San Mateo Auto Sales. The date that the court was attended was on 6th November 2018. The case is a small claim hearing on a certain amount of money that should be refunded due to a cancelled warranty on a purchased automobile.

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Facts of the Case

The plaintiff understands English but is unable to reply in English, that is, she speaks in a vernacular language on replying the questions of the judge making her have a translator for every person to understand her claims. Both the plaintiff and the defendant must tell their stories to be heard by the judge and to compare if they are the same. The plaintiff submitted her complaint documents to the judge while the defendant failed as he did not see any mistake he had committed. The judge must ask the specific date and time that the issue occurred and the steps that each took in solving the problem. Also, every individual and witness called at the court must start by introducing themselves, their profession and their legal identity number. Nevertheless, the judge often wants answers that are straight to the point according to the question asked. For instance, he requires neither the defendant nor the plaintiff to explain themselves for a yes or no answer, but he wants the direct answer (yes or no). Each case has its own scheduled time, and the judge must keep time in starting and ending all the cases. For other raised cases, the number of claims filed must be indicated for the judge to make judgements easily according to the name of the case and the case type. Perez is also a dissatisfied customer in the San Mateo Auto Sales as some of her requirements are not met.

Therefore, the plaintiff wants the court to help her get back her lost money and, in this action, she has filed a case against San Mateo Auto Sales as she has followed up her money for the cancelled warranty for two years, but all her efforts have failed. She also wants the court to make judgements in her favour as she is the complainant and about two thousand two hundred and ninety-five dollars are lost. Moreover, she wants to recover back her money to pay a loan at the chase bank which requested for purchasing the vehicle in a faster way through the court. Additionally, she raised this complain after a negative response was given to her by the defendant who was "You do not have money to make judgements, I have a lot of money," that annoyed her.

The position of the defendant is to either accept or deny the complaints made by the plaintiff through responding directly to the questions of the judge. He is also supposed to say his part of the story and how the case happened, explaining why his company took long in recovering the cancelled warranty.

The problem, in this case, is recovering two thousand two hundred and ninety-five dollars from San Mateo Auto Sales that was due to a vehicle warranty that was cancelled. Erika Perez has always been following up her money since 2nd October 2016, and the company has never shown any interest in refunding her, but instead, she receives negative responses from the company owners. Additionally, the loan she requested for in the chase bank has been accumulating as time passes as she does not have enough money to return the offered loan. Also, even if the defendant says he will refund the plaintiff, he has taken a lot of time that has made Perez take the legal actions and documents in recovering her money.

However, the court did not decide the case, and every individual was set free. Therefore, if I were the judge, I would decide that a part of San Mateo Auto Sales' income be transferred to Erika Perez's bank account as a way refunding her as she has been patient for two years, which a long period. She has also tried persuading the owner of the company to refund her cancelled warranty back which is always difficult for many people and company to do so, but instead, she receives harassment from the owners. Additionally, many companies care about their income and the profits they incur and, in most cases, they might fail to reach and fulfil the promises they make to their clients due to their greed for money. This might, in the long run, destroy the image of their companies as many customers may end up with same complaints every time and them not being fulfilled, making possible and potential customers to draw back from the company or find other alternatives. Thus, if one or other similar cases are solved with the judgement being made in favour of the customers or the complainants, the company will learn and deliver quality services.