Issue

Amber is 17 years of age but physically could pass for someone older. She went to "Guava" - the local electronics store in San Jose, California - to buy a $1,500 computer system. Guava is aware of the law which allows a minor to disaffirm certain contracts and, thus, has a policy to not sell anything valued at more than $250.00 to a minor. Guava also has a strict 30 day maximum return policy. After 30 days Guava will not give a cash refund on any returns - only store credit.

Amber is aware of Guava's policies. However, Amber has a fake California driver's license indicating she is 21 years old (which she obtained so she could get into the local "adults only" dance club).When Amber goes to the counter at Guava to buy the computer system, the clerk asks Amber for her ID. Amber shows the clerk her fake driver's license.Relying upon the information on Amber's driver's license that Amber is 21 years old, Guava agrees to sell the computer to Amber.Amber pays $1,500 cash to Guava for the computer system.

After taking the computer home she sets it up and uses it.However, 45 days after buying the computer, Amber's car breaks down and she does not have the $1,500 it will cost to repair her car. Amber places the computer back in the box and takes it back to Guava.Because of their policy, Guava refuses to give Amber a cash refund.Amber then produces her real driver's license showing that she is 17 years old. Amber claims her right under California law to disaffirm the purchase contract and demands a full cash refund.

Guava's store manager remembers Amber had shown them an ID when she purchased the computer indicating that she was an adult.The manager tells Amber that she had committed fraud by showing them the fake ID when she purchased the computer and refuses to give Amber the refund, instead saying, "You are lucky I am willing to give you store credit.Take the store credit or keep the computer - your choice.If you don't like it then you can sue us!"

Initial Discussion Post

Consider the following question:

If Amber does file a lawsuit against Guava seeking disaffirmance should a California court order Guava to refund Amber's money? Explain your answer.