Internet Giant Contacts Me Via Email Promising Refund but then They Don't Send Check

[Tech Girl]

My question involves a consumer law issue in the State of: California

Do I have a good case against this monolithic Internet giant that backed out of a "virtual contract"?

SYNOPSIS: This Yahoo/Google-like Internet giant sells software among other things. The software did not work. The software was not fixable. Their tech support call center located in India did not fix it. The service they rendered was terrible. I sent a letter to their legal department in Northern California demanding a refund for the price of the software, school books, gasoline, etc. They said they sent me the refund via FedEx but I never received it. Since then they have failed to respond to my emails.

DETAILS: Their legal team, located in Silicone Valley, forwarded my demand letter to Mr. Geek in their technical department. Mr. Geek is one of their top level supervisors. Mr. Geek and I have never spoken with each other. Mr. Geek and I communicated only in email messages and NEVER on the phone. Mr Geek sent me an email stating that I needed to furnish proof of purchase for the software, the schoolbooks, the online video tutorials, etc and so I did as requested. Mr. Geek was satisfied with the proof I sent. In various emails Mr. Geek stated the following:

1) The refund was approved

2) They did not want to send the refund to my PO Box and so they requested my physical address

3) FedEx tried to deliver the refund but I wasn't home and so the check was sent back to the Internet Giant I sent them an email stating that FedEx did not leave an attempt-to-deliver notice and if they did I never got it. About 5 weeks ago I asked Mr. Geek to try sending it a second time. He did not reply. He has not replied to subsequent emails. I still don't have the refund. Mr. Geek's big office building is up in Northern California, and it's about a 4 to 6 hour car drive from where I live in Southern California.

Do I have to drive up to Northern California or could I file the complaint in a Southern California court of law?

Is this a slam dunk case since all of the communication was done in writing and because Mr. Geek/Internet giant made a virtual promise to pay?

If I have to make the 4 to 6 hour car drive could I ask the judge to reimburse me for renting a car, gasoline, food and maybe one night lodging at a motel?

[Mr. Knowitall]

Do I have to drive up to Northern California or could I file the complaint in a Southern California court of law?

Read your contract with the company. You probably agreed that litigation would occur at their location.

Is this a consumer transaction, or is this a business-to-business transaction?

Is this a slam dunk case since all of the communication was done in writing and because Mr. Geek/Internet giant made a virtual promise to pay?

Offers of settlement are not admissible in court to prove liability, so the fact that you were offered a settlement does not make your case a "slam dunk".

If I have to make the 4 to 6 hour car drive could I ask the judge to reimburse me for renting a car, gasoline, food and maybe one night lodging at a motel?

Can you ask? Sure, you can ask for all that and a bag of chips. But the court won't award you any money for that type of expense.