CA Small Claims Court - Defective/Used Mattresses
I live in California.
I purchased 3 mattresses -- two for $275 each and one for $950.
Two days after they were delivered, I re****ted to the local store,
Mattress Gallery, that each mattress was damaged, defective, and/or
used (stained), and I wanted to exchange them. (I mention the 2 days
re: our state's 3-day grace period which may apply.)
I was informed that Ortho had purchased the company and the departing
owners likely had liquidated inventory.
Ortho offered to exchange the mattresses, but I must pay an additional
20% handling fee and $79.99 delivery charge, for a total of ~$450.
My question: can I pay the $450 now and attempt to sue for the money
back in small claims court? Along with an unreturned $200 for box
springs that were never delivered? Can I sue for the entire amount if
I so choose?
Thank you.


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