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Call Kurtis: They Delivered the Wrong Mattress!

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Eight-time Emmy Award winner Kurtis Ming is CBS13'...
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No matter which way Phillip Simich turned his mattress, it wouldn’t fit his king-size bed frame.

“We flipped it triangularly,” said Simich, who lives in Fairfield. “It won’t fit, period.”

It’s hard to think of different ways to lay a mattress into a bed frame, but he insists he has tried them all.

“There’s this big gap here,” he said, rotating and trying to leverage the mattress into his bed frame.

He paid almost $600 in total, including delivery, for the mattress advertised as a king, Simich said. A king mattress would perfectly fit his bed frame.

Or so he thought.

It wasn’t until after it was delivered that he realized the problem.

“It doesn’t fit,” he said, after measuring the mattress to be 71 inches wide by 81 inches long.

Depending on how it’s turned, the mattress, purchased from Fairfield’s Tak Furniture over Labor Day weekend, is either 5 inches too skinny, or 3 inches too short.

Mattress sizes aren’t federally regulated, but the industry does follow “general guidelines” for sizing, according to Karin Mahoney of the International Sleep Products Association.

After all, countless businesses must rely on some form of measurements to produce bed sheets, comforters and even bed frames.

Mahoney said, a king-size mattress in the United States is usually 76 inches wide by 80 inches long — incidentally the dimensions of Simich’s bed frame.

But the mattress he got just doesn’t fit.

“I think it’s totally absurd,” he said. “I should be able to get my money back or get a mattress that actually fits the frame.”

An employee identifying himself as “Chrren,” the “brother of owner” Nader Rakhshbahav, insisted the mattress sold to Simich was, in fact, a king, and there would be no exchanges.

The owner later told CBS Sacramento that his company wouldn’t return or exchange the product, since he had signed the receipt.

The fine print of Tak Furniture’s original product receipt reads, “Merchandise was received in good condition and I am satisfied,” which Simich said they made him sign days before the delivery.

But Simich’s contention is that the item he received is not a “king mattress” at all – as printed on the receipt.

“If you ordered a mattress of a specific dimension, and it comes and it’s not that dimension, then it’s not what you ordered,” said Russ Heimerich of California’s Department of Consumer Affairs, speaking in generalities and without knowing the exact details of this case.

Heimerich said a dispute like this often ends in legal battles – exactly what Tak Furniture suggested Simich do.

“He should go to court and we can settle it on paper,” Chrren told CBS Sacramento. Rakhshbahav later told CBS Sacramento the same thing.

Simich isn’t sure it’s worth the trouble.

“I shouldn’t have to go to this depth just to get what I want,” he said.

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