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Contracts Keyed to Kuney
Schauer v. Mandarin Gems of California, Inc.
Citation:
125 Cal. App. 4th 949, 23 Cal. Rptr. 3d 233 (2005).Facts
On August 15, 1999, plaintiff and her ex-husband, Darin Erstad, went shopping for an engagement ring. At the defendant’s store, the plaintiff and Erstad found a 3.01 carat diamond ring with a clarity rating of SI1. Erstad bought the ring for $43,121.55. Defendant also provided an appraisal for the ring for insurance purposes alleging its replacement value to be $45,000. The couple divorced after a brief marriage.
On June 3, 2002, plaintiff had the ring evaluated by Gem Trade Laboratory. The appraisal gave the ring a clarity rating of SI2. The appraisal was reviewed by other jewelers who agreed. The alleged value of the ring with an SI2 rating was $23,000 less than the amount Erstad had paid for the ring.
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