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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37668
Experience:  Run my own successful business/contract law practice.
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I have a small business (LLC) and a past client is suing me

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I have a small business (LLC) 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.
Submitted: 9 months ago.
Category: Business Law
Expert:  Law Pro replied 9 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

I perceive that this is a medical malpractice claim - correct?

Can you explain what the customer is unhappy about?
Customer: replied 9 months ago.

No, nothing medical, styling services. This is small claims. She states that we failed to perform the contract

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please permit me to assist you with your concerns. I see that you opted out of your other professional--perhaps I can help further.

You asked:
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?
Typically a motion to change venue, once denied, cannot be filed again. Further, such a motion has to be filed with the courthouse directly and not by mail unless this judge permits mailed submissions. Most small claims do not, but you can call the court and see if they are willing to permit you to file by mail. A motion to change venue typically requires an in-person argument as to why the current forum is incorrect or not convenient.

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?
This is a bit tough. An agreement denoting confidentiality can be broken in court based on court order. That, technically, is not a breach because a person is being compelled to testify. Now, if ou have evidence she discussed the case outside of court OR you even ask her in court pertaining to communication about this agreement and you get her to admit she discussed it prior to this case, you can sue for breach. In terms of suing in small claims, if you deem her breach to be based on small claims limits, you can file there but it may be more prudent to sue in a higher court because you could then pursue her for court costs and attorney fees.

3. Would it be better to apply to move this to superior court in our county?
It should be the proper venue as that is where your business is located, and is a viable demand.

Hope that helps.

Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37668
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 8 other Business Law Specialists are ready to help you
Customer: replied 9 months ago.

great, thanks, can you explain two things?


How do we determine if her breach is based o



n small claims limits? do you mean monetary?


 


in q 3, "It should be the proper venue where your business is located" I asked if we should try to move it to superior court in our county, as opposed to small claims court in the county the hearing is in because our business isnt located there.

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your follow-up. I would be happy to further clarify.

You asked:


How do we determine if her breach is based on small claims limits? do you mean monetary?
That is exactly what I mean. Small claims is limited by the scope of claims (and this is borderline unless you claim it as a strict breach of contract) as well as based on monetary limits. Anything beyond that and you would need to go to a higher court.

in q 3, "It should be the proper venue where your business is located" I asked if we should try to move it to superior court in our county, as opposed to small claims court in the county the hearing is in because our business isnt located there.
That is a valid basis to claim a change in venue. But the courts may keep it in that venue if the courts do not see it as inconvenient to you to travel to where the current case is being heard.

Hope that clarifies.

Sincerely,

Dimitry, Esq.
Customer: replied 9 months ago.

thanks!

Expert:  Dimitry K., Esq. replied 9 months ago.
You are most welcome, good luck to you!
Customer: replied 9 months ago.

this site is confusing, did you get paid?

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for checking up, I did get paid once you positively rated my answer. Thank you and please take care!

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