I've owned a Ca. Licensed Driving School for many years. I have a 17 and a half year old student’s father lawyer who owns a law firm acting BIZZARE. The Mother contacted me for driving school services after seeing my website www.OCDriversEd.com. She was informed of how our program works in detail.
She paid on 11/30/12 for her daughter to take 30 hours of Drivers Ed on- line & 6 hours of behind the wheel Drivers Training. She completed the 30 hours of Drivers Ed. She went to the DMV with our paper work to get her driving permit. The 1st lesson I showed up for was on 2/10/13. The student and her Mother came to the car. I handed her Mother our CONTRACT! We left for an hour of driving. We stopped during the lesson and I used the restroom somewhere. She had a cell phone on her. We finished her lesson back at her house. She walked in and came back out by herself with our contract signed by both of them. SHE THANKED ME FOR THE LESSON. She was told to call back in a couple of weeks for the next hour of practice. She needs to practice at home now with her parents. Under 18 in CA. you have to wait 6 months with your driving permit before you can take your driving test. We spread out or lessons 1hr, 1hr, 2hr & 2hr with the last one before the students driving test.
The next day the Mother called to schedule the next one and wanted to finish all lessons ASAP! She thought her daughter could take her driving test as soon as she was done with us. WE INFORMED HER AGIN OF THE 6 MONTH DMV rules! We had an argument because we would not finish her ASAP. We reminded her of the CONTRACT THEY READ AND SIGNED. The father called that night and said he was going to sue me for fraud and misrepresentation in municipal court for $25,000 because I cancelled the contract. I have a clause for abusive behavior. If I were to contact his wife or daughter again he would add emotional distress of a minor and harassment. I left messages on 2 numbers the same day as the argument pointing out the odd behaviors and my contract. I was firm with my words. I sent them a letter right after that saying I would finish her ASAP!
2/28/13 I received a letter saying he was going to sue me because his daughter got out of my car crying! She has seen DOCTOR for the emotional trauma she endured.
6/1/13 I was served with a small claims action. Breach of contract, Intentional infliction of emotional distress of a minor, negligent infliction of emotional distress to a minor, misrepresentation, disappointment, stress $9,000 Doctor Appt. $1000.
He calculated breach of contract $260, severe mental distress, nervousness, mental anguish, shock, anxiety and worry.
I have messages recorded from him saying I will show you how good of a lawyer I am.
I also have messages from him saying he was going to find everyone who I have canceled and have the file against me as well.
The daughter never called her parents when I was in the bathroom. She came back out happy by herself to give me the contract.
Can I sue him for harassment? What would a judge think about a lawyer acting this way?