Berkeley CSUA MOTD:Entry 39518
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2025/05/25 [General] UID:1000 Activity:popular
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2005/9/6-7 [Reference/Law/Court] UID:39518 Activity:nil
9/6     I filed a small claims, and upon receiving the small claims, the
        asshole^H^H^H^H^H^H^HDefendant decided to give me a full refund
        today. However my court date is next Monday. How do I cancel my
        small claims? Thanks.
        \_ Make sure the check/payment clears. If there is doubt, call the
           court and ask to have your case postponed (reason: possible
           settlement). If it does clear and everything is okay, call the
           court and let them know you settled out of court.
           \- if you have incurred significant extra costs, you can
              ask for those too. if you have done all your prep and you
              can get him on the phone, you might say "you need to pay me
              $X extra in costs otherwise see you on monday" ... if he doesnt
              show up you should get a judgment against him. at his point
              detail matters ... is it a business or somebody judgment proof,
              are we talking $20 or $500 etc.
        \_ Hello, I'm the op. If you want more info, here:
           http://csua.com/?entry=33294 2004-09-02
           http://csua.com/?entry=39006 2005-08-04
           I wrote several letters and even complained on BBB but nothing
           worked. The manager was a dick, and kept saying "refund denied."
           Then when I filed for Small Claims they did a 180. They had some
           other guy giving me a lengthy apology apologizing. They gave me
           a full refund with 2 free nights at Holiday Inn Express. I learned
           my lesson: talking and complaining is a waste of time. Just sue
           the SOB.
           \_ Two letters and two phone calls should be the base. I find SCC
              better as a last resort. Postpone your court date, make sure
              the check clears, then call the court up to say they settled.
              Congrats. Victory is yours!
           \- i dont think your "lesson" is correct for two reasons:
              1. i think many many cases can be resolved by a complaint
                 letter. you might have to make some compromises but it
                 will take a lot less of your time and you can "move on"
                 without it hanging over your head. in fact there is some
                 chance if it is a company that has long/repeat customer
                 relationships, they will throw yo a bone. obviously you have
                 to normally keep sane and cant ask for the person who pissed
                 you off to be asked to lick your ball or somesuch.
              2. if it goes to court, IT WILL LOOK BAD if you didnt attempt
                 to settle. a big part of the court system are practical
                 issues designed to bring trials to an end and a specific
                 conclusion and not to end up in jardyce v. jarndyce land.
               3. certainly a case against a sole proprietor who is being
                  unreasoanble and who has already lost your business is a
                  different matter than a large corporation where there is
                  an appeal chain.
                  \- BTW, i suspect what is useless is the BBB
                     \_ The BBB has gotten me action in three cases
                        where complaint letters did not. -ausman
2025/05/25 [General] UID:1000 Activity:popular
5/25    

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I booked Holiday Inn on the internet and on the day that I checked in they gave me a smoking room. They didn't have anything else, but I couldn't take the room because of serious asthma (I ended up going to a nearby B&B place). After talking to the managers and the corporate HQ they still refused to give me a refund, I filed the complaint to BBB. BBB returned saying that they can't help us, and that I should try one of the four choices: -Small Claims Court Santa Clara County -State Contractors Board -Consumer Affairs State of California -District Attorney of Santa Clara County Which choice is the best? The rest of you STFU, because you don't know squat about the statutes involved or basic Tort. B) You don't know what statutes apply to the case, C) You don't know if the situation involved actually violates the rule of law, D) You don't know in what situations that rule of law should be upheld. Ergo, you cannot make a summary judgement of whether or not the OP should or should not receive due compensation. If you told them you require a NS room when you made the reservation or they promised one, you have a much better case. Cal provides ASL interpreters for lectures, but if a deaf student doesn't give them warning ahead of time, they're SOL. If there are lots of rooms available, a canceled reservation charge is not covering any actual damages. If there are no other vacancies, as this sounds like, then be reserving and then canceling, you *did* cause damages in the form of a reserved but unused room. It's too bad that it is for you, and you should be reponsible for getting message acrossed to those who handles your hotel room. If the hotel can not or will not cater to your needs or wants, they the hotel needs to inform you of this in a timely fashion. If the hotel tells you at the last minute that they can not fulfill your request, that's bad faith.
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csua.com/?entry=39006
entry=33294 Hello I'm the guy who tried everything to get my money back from Holiday Inn where they charged me $140 even though I returned the cardkey within an hour. I filed small claims 2 months ago and the court date is 9-12-2005. Today, I just got a call from Holiday Inn asking me to call them back. If they give you your $140 (or more) you've saved yourself a lot of trouble. One thing they always ask you in court is if you tried to settle out of court first. entry=33294 I booked Holiday Inn on the internet and on the day that I checked in the y gave me a smoking room. They didn't have anything else, but I couldn't take the room because of serious asthma (I ended up going to a nearby B &B place). After talking to the managers and the corporate HQ they still refused to give me a refund, I filed the complaint to BBB. BBB returned saying that they can't help us, and that I should try one of the four c hoices: -Small Claims Court Santa Clara County -State Contractors Board -Consumer Affairs State of California -District Attorney of Santa Clara County Which choice is the best? The rest of you STFU, because you don't know squat about the statutes involved or basic Tort. B) You don't know what statutes apply to the case, C) You don't know if the situation inv olved actually violates the rule of law, D) You don't know in what situa tions that rule of law should be upheld. Ergo, you cannot make a summary judgement of whether or not the OP should or should not receive due com pensation. If you told them you require a NS room when you made the rese rvation or they promised one, you have a much better case. Cal provides ASL interpreters for lectures, but if a deaf student doesn't give them w arning ahead of time, they're SOL. If there are lots of rooms available, a canceled reservation charge is not covering any actual damages. If th ere are no other vacancies, as this sounds like, then be reserving and t hen canceling, you *did* cause damages in the form of a reserved but unu sed room. It's too bad that it is for you, and you should be reponsible for getting message acrossed to those who handles your hotel room. If th e hotel can not or will not cater to your needs or wants, they the hotel needs to inform you of this in a timely fashion. If the hotel tells you at the last minute that they can not fulfill your request, that's bad f aith.