I have a small business
) and a past client is suing me in small claims. She purchased an expensive package of services for a 50% discount, (think plastic surgery) signed the contract
stating no refunds, and that any disputes would go to mediation. She asked and paid for one of my staff to fly to her residence to perform the first procedure-not something we usually do, but she had a compeling story. The job was done perfectly, and she seemed happy, then called to complain a week later and demanded a refund. We explained that she pre purchased a package for a 50% discount with no refunds, and she went away for awhile and is now suing the owner (me) and the company for the full amount she can under small claims, and she filed in her county-a 3 hour flight from where our business
is. We challenged the venue by letter and it was denied. To complicate things further-she was.a referral from another client who we did issue a partial refund to, who then signed a confidentiality agreement, and who she has now subpoened (this woman lives in our county) We believe the woman breached the coonfidentiality agreement and is colluding with the client to get her a refund too, as she has been subpoened to appear, and when a copy of her agreement was emailed to her a reminder she replied 'I have to appear and provide documents by law" Other important facts: They have my residence listed wrong, and subsequent notices have only come to my work address.
1. The court date in two weeks is extremely inconvenient as its our busy season-even though the judge denied the venue challenge, can we still apply to move the case to our local county by mail?
2. If the 2nd woman breached her confidentiality agreement, can we still sue her for the money agreed uon, even if the other woman wins the small claims case? If yes-can we sue her in small claims?
3. Would it be better to apply to move this to superior court in our county?
I've been on Justanswer for awhile, I know how it works, so please answer in full, not 1 question before you ask for me to accept. I pay.