SAN FRANCISCO (Legal Newsline) – A Sonoma County, California resident is suing a home improvement products retailer alleging that the home improvement products retailer failed to provide the plaintiff the agreed products and services.
Ellen Coffen filed a complaint on May 13 in the U.S. Superior Court of the state of California - Sonoma County against Home Depot USA Inc. citing alleged fraud and deceit, negligent infliction of emotional distress, breach of the implied covenant of good faith and fair dealing, breach of express and implied warranties, false advertising, violation of the Magnuson-Moss Warranty Act and unfair business practices.
According to the complaint, the plaintiff alleges that purchased new cabinets from the defendant for $12,000 with a $3,000 installation fee and additional $50 fee. The suit states the cabinets wouldn't fit the allotted space in the plaintiff's kitchen despite the fact that Home Depot installers measured the space beforehand. She alleges she had to transport the cabinets herself back to the defendant and was obligated to pay for the second round of installation and the new cabinets.
The plaintiff holds the defendant responsible because the defendant allegedly assured the plaintiff that they obtained the right measurement of the space to accommodate the cabinets that she purchased and that the cabinets will be installed as part of their agreement. However, the defendant allegedly failed to perform its duties and offer resolution when an issue arose.
The plaintiff requests a trial by jury and seeks compensatory damages; general damages in amounts according to proof and in no event in an amount less than the jurisdictional limit of the court; special damages; punitive damages; restitution of all monies due to plaintiff; costs of suit and attorneys' fees; statutory penalties; injunctive relief; prejudgment and post-judgment interest; and such other and further relief as this court deems just and proper. She is represented by Stephen Noel Ilg of ILG Legal Office in San Francisco.
The defendant filed to move the case to the U.S. District Court for the Northern District of California, San Francisco Division on June 15 citing that the proposed class has more than 100 members and that the amount in controversy is more than $5 million. It is represented by Edmund T. Wang of King & Spalding in San Francisco and S. Steward Haskins of King & Spalding in Atlanta, Georgia.
U.S. District Court for the Northern District of California, San Francisco Division Case number 3:16-cv-03302-MEJ