Legal Question in Disability Law in California

Contracts

I have a rare illness which will drastically shorten my life. Six months ago, when I was feeling better, I entered into a contract with a social organization to make friends and meet new people. The contract clearly says: ''If by reason of disability the buyer is unable to receive all services for which the buyer has contracted, the buyer. . .may elect to be relieved of the obligation to make payments for services other than those received before the onset of the disability. . .'' Now I am on oxygen 24 hours per day and cannot exert myself in the least way, and my health continues to decline.

I wish to cancel the remainder of my three year contract. I paid in advance on a credit card. I have sent a letter, signed by a physician, stating that I am now too disabled to take advantage of the service I contracted for and requesting reimbursement, but the organization's manager will not even speak with me, after over a dozen phone calls. Is this a violation of the ADA, and what do I do now?


Asked on 4/19/02, 10:52 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Contracts

This is a violation of contract. Make a copy of your contract, along with a copy of the letter from your doctor and an explanation of your illness and situation.

Then send it to your credit card company, and demand that they credit your account, and bill back the company. Send a copy of your letter to the company, as well.

The credit card company should take action tocredit your account.

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Answered on 4/22/02, 9:00 pm


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