Valdez c. Saeidi 2014 QCCQ 11895 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-133993-123 DATE: September 18, 2014 ______________________________________________________________________ BY THE HONOURABLE MADAM JUSTICE MARIE MICHELLE LAVIGNE, J.C.Q. ______________________________________________________________________ CESAR MOCK VALDEZ and NASER SHAYKH-GHOMY Plaintiffs v.

HAMID SAEIDI Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Mr. Cesar Mock Valdez claims from Mr. Hamid Saeidi the reimbursement of the cost of the coffee machine he left on Hamid Saeidi's premises. [ 2 ] In October 2010, Mr. Valdez brought his coffee machine at the place of business of Mr. Saeidi. Mr. Valdez agreed to leave the machine on the premises to be used by Mr. Saeidi's clients. [ 3 ] Unfortunately, on February 13, 2012, the coffee machine was stolen. [ 4 ] Mr.

Valdez produced an extended warranty from Canmax Inc., the distributor of the coffee machine. According to this guaranty, in case of theft of the machine, it can be replaced for $2,000.00. Mr. Valdez wants Mr. Saeidi to pay this amount since the machine was stolen while it was in his possession. [ 5 ] Naser Shaykh-Ghomy bought the machine together with Mr. Valdez. However, he is not named as Plaintiff in the present case. He is mentioned on the warranty and he was party to the agreement to leave the machine at the place of business of Mr. Saeidi. He asks to be added as co-plaintiff in this case. [ 6 ] Since Mr.

Saeidi is not present in Court to contest the amendment, it is granted. [ 7 ] The proof reveals that the machine was stolen while in possession of Mr. Saeidi. Since the machine can be replaced for the cost of $2,000.00, judgment is hereby rendered against Mr. Saeidi for that amount. FOR THESE REASONS, THE COURT: GRANTS in part the claim of Plaintiffs Cesar Mock Valdez and Naser Shaykh-Ghomy; CONDEMNS Defendant Hamid Saeidi to pay to Plaintiffs Cesar Mock Valdez and Naser Shaykh-Ghomy jointly the sum of $2,000.00 with legal interest and the special indemnity provided for by

section 1619 of the Civil Code of the Province of Quebec as of the institution of the action June 14, 2012; THE WHOLE with costs. __________________________________ MARIE MICHELLE LAVIGNE, J.c.Q

Date of hearing: September 2, 2014