I am a wedding venue owner and book weddings a year inadvnce if not more. My contract clearly states "no refunds". I have a bride that reserved a date and cnaceled 3 months prior to her date. I informed there would not be a refund unless I was able to rebook her date. I unfortunately could not rebook the date on such short notice. I am also at a loss of business and could have had a bride who really wanted the date. She is asking for all her money back that she paid. Again she canceled and broke the contract. she is now taking me to small claims. I have offered her a new date if she would like and she refused.. Any case law I may reference for my day in court to go with my contract? Plus any additional adivce would be appreciated. I know I have my contract in order but woud like to have some legal reference to protect my contract and business. Respectfully Karen
Country relating to Question: United States
State (if USA): California
Wiating for court date
Thanks for your question and good afternoon.
You may want to consider filing a Counterclaim for any damages you have here if they exceed the amount you kept from the other party.You would file the SC-120 if you want to do so.
Here you are claiming the other party breached your contract.You would have a claim for damages including any further losses you incurred as a result of cancellation.Certainly you want to bring copies of the agreement and any other correspondence or related documents that you want to present as evidence.
Forms including the SC-120
More self help
The written contract here controls the issues and is the basis for your claim for damages.There really isn't case law on this because your contract would be the controlling document.
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Here is more self help including forms to respond to the suit..
This information is good statewide as are the answer forms.
Thanks for letting me help you and provide you information.
Here is a list of Small Claims advisor.Each county and court has one.They will review your answer/counterclaim and review any evidence you want to present.
Good luck to you.
29 years in civil, probate, real estate, elder law
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