How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I want to know if I can sue my wedding videographer. I was

Resolved Question:

I want to know if I can sue my wedding videographer. I was married in Oct. 2009 and received my wedding video 6 months later. When I received my video it was horrible. Half of my wedding party was not included in the video, also the cake, live band etc... I contacted the videographer and he agreed that the video was poorly done and he agreed to redo my wedding video. In addition, I had payed an additional $400 to have a slideshow and never received it. I have tons of emails that prove that my videographer agreed that the video was horrible, he was going to redo the video, and that the slideshow was missing. In Oct. it will be three years and I still have not received my redone wedding video. Is it to late to sue? If not how much do I sue for? I paid the wedding videographer $4,000.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Yes, you can sue the wedding videographer.

You will sue for breach of contract. The question of how much you should sue for is a difficult one. I would sue for the entire $4,000 back. He agreed to provide you a video and has not done it yet. That means you are entitled to the entire $4,000, plus interest.

You could also attempt to sue him for specific performance. That is that the court orders him to do the work as he agreed to do it. Since this is your wedding, it is unique and has sentimental value that money really can't replace. This will enable you to get an order for specific performance, plus your court expenses.

So you have two options. You would sue for them both and then decide which one you want after you prove your case. You need to start by sending a certified letter demanding that he immediately fix the problem or return the money. Set a deadline (20 days) and if he doesn't respond, then you sue him.
Expert:  TexLaw replied 2 years ago.
Hi,

I see you have given me a negative rating. Is there further information that you need. I'm happy to continue working with you until you feel you have received the service you paid for.

Please let me know. I want you to be satisfied.

-ZDN
Expert:  TexLaw replied 2 years ago.
If you need more detailed explanations of the law of breach of contract, or instructions on where to file and what forms to use, let me know.
Customer: replied 2 years ago.
Will I need a lawyer? where do I file? How much will it cost? Also I can sue for the whole 4,000 even though I received the first horrible video? Also it is okay to sue even though it will be three years in Oct? Also what courthouse do I file? I have been dealing with the videographer for almost three years do I need to make a final attempt to work with him again before I sue?
Expert:  TexLaw replied 2 years ago.
Thanks for responding back. To answer your questions, I need the following information.

1. In what county do you reside?

2. In what county does the videographer reside?

As soon as I hear back from you I'll respond with all the information you need.

-ZDN
Customer: replied 2 years ago.
We both live in California, I live in L.A area he lives in the Riverside area, the wedding was in Temecula CA. The contract was signed in Torrance, CA. Also was proof do I have to bring to court? I only tons of emails between us about is issue. It that okay?
Expert:  TexLaw replied 2 years ago.
Ok, I'm going to address your questions one by one.

1. It happened 3 years ago, is that ok?

A: Yes, the statute of limitations in California on a claim for breach of contract is 4 years. Arguably, the breach is continuing as you have continued trying to work with him, so the clock probably hasn't started ticking yet on the statue of limitations. Regardless, the statute of limitations doesn't prevent you from suing him. It is an "affirmative defense" which means he would have to raise it in court and prove that it is applicable.

2. Where do I file?

A: You are going to file the lawsuit in the Riverside County small claims court. Generally, you are supposed to pick the court nearest the Vidoegrapher/Defendant's address. This link goes to the location of all the courts in Riverside: http://www.riverside.courts.ca.gov/address.shtml

3. Do I need a lawyer?

A: No, in fact no lawyers are allowed in small claims courts.

4. What do I file:

A: Follow this link to pull up the small claims court forms you need to file your lawsuit: http://www.riverside.courts.ca.gov/selfhelp/civpackets/smallclaims.pdf

You will want to state that "I hired Defendant to film and produce a video of my wedding. The Defendant has failed to deliver the promised video. I paid the Defendant $4,000.00. I either want an order from the court that the Defendant has to perform and issue me the video (your option to put that in) or because cause the Defendant breached his contract and failed to perform, I want the return of the $4,000.00 I paid, plus pre-judgment interest"

5. Can I sue for the first $4,000.00 even though your received the first video.

A: Imagine you are at a restaurant and you order a steak well done. You get the steak, but it is raw, and you don't find out until you cut into it and take a bite. If the restaurant refused to cook the steak anymore for you, it wouldn't be fair to make you pay for the raw steak just because you took a bite. Your situation is the same. You paid for a finished and full video tape. He's given you something that you didn't ask for and isn't up to reasonable standards. Therefore, he is not entitled to keep the money.

6. Do I need to bring the emails?

A: Yes, because there was no written agreement you will need to show that the terms of your agreement were the video and slide show for $4,000.00. You will also need to show his acknowledgment that the video he gave you is not acceptable.

I thinking that covers everything. Let me know if you need further information.

Good Luck,
ZDN
Customer: replied 2 years ago.
One more last thing... Would I have a better chance of winning if I sue for less that 4,000 like 2,000? For example can the judge say "Well he did film and delivered some form of video so you cannot get 4,000? What I am trying to say is if I sue for 4,000 does the judge award 4,000 or nothing? When I send the letter to ask for payment in 20 days or we are going to court. What if he email me and tells me that he will fix and send me the video, should I still sue if he doesn't do it within 20 days?
Thank you for all your help!!!
Expert:  TexLaw replied 2 years ago.
No, the judge can decide to give you less even though you've decided for $4,000. The judge may very well do that. He may say "you are asking for $4,000, but I'm only going to give you $3,000 since the videograph did do some work."

If he the videographer doesn't give you a satisfactory product by the end of the deadline the you should sue him. If after you sue him and he then delivers an an acceptable video, tell him he has to reimburse you for the court costs of suing him.

BTW, the fees for small claims are located on this document starting on page 5: http://www.riverside.courts.ca.gov/feeschedule.pdf
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.