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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience:  Began practicing law in 1992
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If I have singed with talent manager in LA being his selling

Resolved Question:

If I have singed with talent manager in LA being his selling point that he has 3 talent agencies wants to meet me. But after 2 weeks only they turn down and no meetings. besides he has been rude with comments and unrespectful and insulting. I decided to terminate the contract with him but he is asking for 1000 usd for his time investing just a couple of calls. is he can sue me for that? is it reasonable or he just trying to scare me?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Is that anywhere in the contract?

Customer:

I have three Daughter under this talent manager contract based in LA

Customer:

There are three main things that made me terminate the contract was:

Customer:

Wher can I see the answers?

JD 1992 :

Sorry about the delay I got knocked offline for a minute.

JD 1992 :

However, you will be able to see the answers here in this chat.

Customer:

Three main things to terminate the contract with Talent manager:

JD 1992 :

You were asking whether he can use for the $1000, does the contract address that?

Customer:

1) He promised 3 meeting with agencies ready to meet the girls

Customer:

2) He started calling my older Daughter (15 yrs old Minor) to communicate information and say to her don' t say this to your mom but she does not understand a thing "which is'nt true and Also being rude saying to my Daughter she thinks she know everything but she does not know a thing. and finally he insulting my Wife over a phone conversation.

Customer:

We worked with him over two weeks and only 1 meeting we got and the agencies he said that they were ready to meet the girls they turn down the meeting. so it was not true.

Customer:

Now he is asking for 1000 usd for time expending. Is that possible?

JD 1992 :

Does he address it at all in the written contract?

Customer:

No the contract said that any job the girls performed he has 15% comission. and so far no jobs.

JD 1992 :

There is a concept of law called "quantum meruit" which essentially means when someone does something they should get paid. However, since this is a commission only contract and he has failed to meet his obligations under the contract I don't think it would apply.

JD 1992 :

Essentially, he cant' breach the contract and then profit from it.

JD 1992 :

I think he is just trying to scare you.

JD 1992 :

It is extremely unlikely he would sue you over $1000 when there is no contract that allows him to do so.

Customer:

Is he can sue in small claim court for breach contract?

JD 1992 :

He can sue in small claims court.

JD 1992 :

He's not likely to win.

Customer:

In the contract there is nothing said he will has the three meeting already. it was given by word 3 times for convincing us to sign?

JD 1992 :

If it is not in the contract then you won't be able to use it as a basis for a breach of contract.

JD 1992 :

However, you can argue his unprofessional behavior breached the contract as well.

JD 1992 :

He's unlikely to be able to collect the $1000 though.

Customer:

Should I reply to his email requesting 1000 usd or should I just leave it and wait for communication if file small court and present arguments of unprofessionalism to the jugde.?

JD 1992 :

Your best solution is to go and hire a local lawyer to respond to him. It won't cost much to do that and then if you get sued you may be able to recover any attorney's fees you incur.

Customer:

By the other hand I would need to travel from Texas to assist to the court can I sue him for the money I expent for traveling?

JD 1992 :

No, expenses traveling to court are not recoverable.

Customer:

Any suggestions of local lawyers? do you know some one non expensive?

JD 1992 :

No, if you're in Texas you need to find one where he is located to send him the letter. You can find one at www.lawyers.com, look for one who does civil litigation.

Customer:

Okay. so botXXXXX XXXXXne is if he sue me he is going to waste our time and he will failed.

JD 1992 :

Yes, I think so.

JD 1992 :

There are never any guarantees in law but this is pretty clear.

Customer:

Okay Thank you.

JD 1992 :

You're very welcome. I'm going to exit now to assist others.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience: Began practicing law in 1992
Dwayne B. and 12 other Legal Specialists are ready to help you

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