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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Hello, i am a contractor in CA and recently i started an advertising

Customer Question

Hello, i am a contractor in CA and recently i started an advertising campaign with a remodeling magazine the contract is for a period of 2-6 months, after the first month i received a call from the owners of the magazine saying that the amount i was charged was wrong and they have to take me out of the magazine. my response was "i will add the amount needed wether 200 500 or $1000 to continue" they responded with "no we decided to drop you!"
i have a strong feeling this is happening because the magazine owners were approached by another company that is advertising with them stating that they will stop their campaign if they don't remove me. this happened with another magazine that i am advertising with.
I used to work for that other company and when i left on good terms they stated very assertively "do not advertise in the magazines and or areas that we do or you will regret it"
what are my options and rights i do believe that there is a breech of contract
please help
Submitted: 7 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 7 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 7 years ago.
i agree but will it apply to CA laws and rules you are not local?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your consent.

Absolutely--I will only provide you with CA based information, and whenever possible I will try to link you to the current code or statute (if needed).

Would that suffice?
Customer: replied 7 years ago.
please help and guide
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your patience.

Yes, this is a breach of contract situation. Under California (and really, all of US) law, once a contract is inked, signed, or agreed to, the terms control unless they are impossible, improbable, or extremely difficult to perform, or if the parties later agree to modify the terms on their own. In this situation once they agreed to terms, they had to run your advertisement for the period agreed to, even if they made the mistake. You were not under any obligation to pay more, as the mistake was "unilateral"--that is, one sided, and not intentional. That is, if there was a mistake at all.

Second, you may also have a cause of action against the other party who you think may be trying to ruin your business. California has a civil violation called a Intentional Interference with Prospective Economic Advantage. This is how it is defined under CA law:
The elements of that tort of are: '(1) an economic relationship between [the plaintiff and some third person] containing the probability of future economic benefit to the [plaintiff], (2) knowledge by the defendant of the existence of the relationship, (3) intentional acts on the part of the defendant designed to disrupt the relationship, (4) actual disruption of the relationship, [and] (5) damages to the plaintiff proximately caused by the acts of the defendant.' (Buckaloo v. Johnson (1975) 14 Cal.3d 815, 827.)

In this situation, if you can prove it, you can sue the other party for damages that you incured based on the fact that you were forced to cancel your advertising.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/2/2010 at 6:46 AM EST
Customer: replied 7 years ago.
i understand but when i spoke to an attorney today they stated that after one month only it is extremely hard to prove an amount of profit (income) lost, you need a longer campaign time to show consistancy.
2-what can i do with the magazine company ...credit card dispute small claims any compensation legal letter or just eat my losses also they had notified me a day before printing deadline which led me to assume the ad was going out. not giving me enough time to seek another magazine and continue advertising
as they mentioned ..."YOU CAN'T STOP THE AD ONE MONTH WILL NOT WORK ALONE YOU NEED TO BE CONSISTANT "

and obviously i would not be interested in future ads with a shady company
3 is there a gov agency that can help (protect small business owners like myself)
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

I do concur with the other attorney--it is fairly hard to prove damages, but if your ads do not run for 6 months, your financial damages (profit) is much easier to prove and calculate. You can still pursue them via the courts and try to get an injunction in place compelling them to put up the ads.

In terms of what else you can do, you can simply sue them for return of your full deposit, and damages, once you know them--it may be wiser to wait until the 6 month period is over and then file as you will have a better calculation of your losses.

There is no governmental agency here besides possibly the Better Business Bureau or the California Secretary of State where you can report them--although you will probably experience limited results. Ultimately what is out there are the courts as they end up being the bulwark of protection.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/2/2010 at 7:06 AM EST