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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am based in Los Angeles, CA. I would like to know if I

Customer Question

I am based in Los Angeles, CA.
I would like to know if I have any grounds to sue my my wedding DJ who was also in charge of our wedding videographer and photographer and rentals.
1. I was married in Dec 2014 and have yet to receive my wedding videos. I sent an email for follow up and was told it would be ready mid April. Early May I followed up and no reply via email. I called late May and was told they had just had a baby and he had the raw footage but needed to get sent for editing and has to still work on that. Today I sent another follow up as we are entering into 6 months. I was told via email there is an 8 month back log. I replied with 8 months additional or 2 more months from today bringing it to total 8 months. I am pending a reply.
2. My contract stated that photographs paid for would be put onto a disk due to budget and could order albums later if budget permitted. I requested the disk and was told it was put online and the job was complete. The contract clearly states CD not online which online I am unable to download the pictures.
3. I had a photo booth and rec'd a copy of each guest that took photos. As I went threw the pages of this book I saw that two of the workers had taken pictures (casual dress when my wedding was formal) and even signed the photo book when never was permission given for this.
4. I had paid this company for lights at ceremony and quite a few of the light bulbs were burnt out which you can see in some of the photos.
Help.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
1) Did your contract have a DEADLINE for the photos/video to be ready?
2) How much did you pay they for their services?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Below are the dates listed on contract:
1. TERM: The term of this Agreement shall commence on June 12, 2014 and shall terminate on or before June 12, 2015.
Services paid were $3500 (DJ/Photographs unedited on CD (no actual albums or print outs/Videography)
Expert:  Ely replied 1 year ago.
Thank you.
Someone in your situation may wish to sue them in small claims court. See here and here.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Here, this would be a breach of contract case arguably, for (a) failure to provide some items timely (if there is no date as to when this should be due by, then, the court will determine if a reasonable time has passed where they SHOULD have, and, (b) for any work done and given which was below par.
A cause of action for breach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom. McKell v. Washington Mut., Inc., 142 Cal. App.4th 1457, 1489, 49 Cal.Rptr.3d 227, 253 (Cal. Ct. App. 2006).
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