Donaldson v. Abot

Opinion

AGLIANO, P. J. I

Plaintiffs Frank and Patricia Donaldson appeal from a judgment after court trial awarding defendant Jacques Abot,1 doing business as French Car Service, $5,180.14 for repairs to plaintiffs’ 1973 Citroen Maserati. We will reverse, finding dispositive defendant’s failure to provide an initial written estimate in violation of Business and Professions Code section 9884.9.

II

Facts

“We review the evidence on appeal in favor of the prevailing party, resolving conflicts and drawing reasonable inferences in support of the judgment. [Citations.]” (Claussen v. First American Title Guaranty Co. (1986) 186 Cal.App.3d 429, 431 [230 Cal.Rptr. 749].)

Prior to going into business as French Car Service, defendant worked for Western Hemispheres, and while there twice repaired plaintiffs’ car in July [819]and November 1980. Neither time did plaintiffs sign the repair orders, which presumably were orally authorized.

In either November 1981, according to plaintiff Frank Donaldson (Donaldson), or April 1982, according to defendant, Donaldson called Western Hemispheres about transmission repair and was referred to defendant, doing business in Santa Cruz County as French Car Service. Defendant towed plaintiffs’ car from their residence in Marin County. There followed a number of phone calls and at least one visit by Donaldson during which defendant proposed and Donaldson agreed to different repairs at various costs, which defendant noted on work orders. For example, on May 20, 1982, they agreed on a $1,200 estimate for transmission work to be completed in 90 days. They later agreed on a $350 estimate to repair timing chains and on replacement of two tires and an outside mirror. Defendant never gave plaintiffs a written estimate of the cost of intended repairs, despite being generally familiar with the law which required it.

Plaintiffs gave defendant a downpayment check for $750 in May or June 1982, which bounced and was later made good. Defendant asked for the money to buy some parts needed for the car repair. Defendant notified Donaldson by phone in October 1982 and later in writing that the repair work was done, and was told plaintiffs could not then pay the additional amount of approximately $2,400 for parts and labor. Plaintiffs in December 1982 were on the verge of bankruptcy. They asked for reductions in the amount due. In October 1983, defendant sent plaintiffs a bill for $2,721.46, including $300 for storage of the car and excluding the downpayment. In November 1983, defendant commenced lien sale proceedings. Plaintiffs’ complaint was filed in April 1984, after which defendant released the car to plaintiffs upon posting of a bond.