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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 54024
Experience:  32 years of experience practicing law and a businessman.
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I am a Web Designer. The owner of Luv Cloth in Hermosa Beach

Customer Question

I am a Web Designer. The owner of Luv Cloth in Hermosa Beach hired me to build a complete eCommerce site along with logo, branding, and print design in 2 WEEKS. I priced accordingly: $2K with 50% deposit and balance upon completion. This was agreed 6/6/16 and work started 6/6/16. After building the site framework, logo, and assets in two weeks, the owner never gave me product nor a list of things to build around the website. Still to this day, I have nothing from her in regards ***** ***** info nor product images. I can;t finish the website unless I have her product. She is ignoring my texts which appear read on her iphone. Not having any product information nor product images, I'm forced to use demo content. Since June she has been texting me telling me she will have product and images for me. It never comes. Too much time has past. I was dependent on this income and need to finish this project as agreed. The owner is no longer returning my texts nor emails. I left two cell phone messages for her. No response. Nothing. There is a $1,000 balance due. There was no written agreement. All of our communication history has been iphone texting.What do I do?
Submitted: 1 month ago.
Category: Business Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

Hi Erik. You are going to be able to sue her for breach of contract since her actions have prevented you from completing the project. If she won't pay your remaining balance, then, given the amount, you can file this suit in small claims court without a lawyer.

The lack of a written contract can be overcome by the concepts of promissory estoppel and detrimental reliance. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, and iii) Person B's failure to perform would be to Person A's detriment, Person A can overcome the legal requirement that the agreement be in writing. Your situation would satisfy the foregoing elements.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 month ago.
I have never filed a claim in court before. How do I do it? Can I do it online? Do I have to go to the court? How do I know which court I go to?
Expert:  Richard replied 1 month ago.

You'll file this in your county's small claims court. Here's a link to guide you: http://www.courts.ca.gov/selfhelp-smallclaims.htm

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