What is the test for making a claim in a small claims action in a motor vehicle case?

California, United States of America


The following excerpt is from Hernandez v. W.R. Thomas, Inc., D064036 (Cal. App. 2015):

Plaintiffs also failed to meet their burden to show the exemption of small claims disputes is unduly harsh or unfairly one-sided. On its face and in practical application, the provision is mutual. (See Arguelles-Romero v. Superior Court (2010) 184 Cal.App.4th 825, 845, fn. 21.) Vehicle purchasers frequently have small claims disputes with sellersfor example, for the cost to repair a defective condition of the vehicleand it would not be unfair that this dispute would be exempt from arbitration. Consumers benefit from this exception by having a faster and much less expensive dispute resolution forum to resolve claims under a certain monetary amount without needing to retain an attorney. The fact that injunctive or other forms of equitable relief are not available in

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