Legal Question in Business Law in California

Re: Do I have one claim or two separate ones?

The "best" option would be to put an attorney fee clause in your standard contract so's you don't have to schlep to L.A. to appear in small claims court. The second best option is to hire an atty to file your case in civil court - what is your time, air travel, hotel etc. worth?

Re: Do I have one claim or two separate ones?

It would depend on how you set up your contract. It sounds like you have two different claims, but once again it depends on the contract. Personally, I would most likely file both claims and then amend if the second claim was challenged. But since I do not know the extent of your contract, this is a guess not a legal opinion. I would also add that you might think about hiring an advocate for the claims. Essentially, California has people (not attorneys) who will represent your claims in small claims court. It could save you a lot of money and time. These people will be a lot more knowledgeable about small claims then most attorneys. Most counties also have groups that assist you in preparing small claims actions. Most of these are pro-bono. Los Angeles's is (I believe) the Department of Consumer Affairs, Law Guru won't let me add their number so you are going to have to do a search for it. They can probably provide you with more information.

Incidently, the last responder was really correct on advising you to include an attorney fee clause in your future contracts. It will save you a huge headache.

Re: Do I have one claim or two separate ones?

I realized that I was confusing on my last answer. This is a reply I sent that should help clarify:

XXXXX-

I am sorry, I can see how what I said could easily be misinterpreted. I am actually talking about a small claims legal advisor. They will help you prepare the claim, work on the claim, possibly help you serve the defendant and in certain instances appear with you at the court. They are like an attorney who specializes in small claims. You will still have to appear though because you are a sole prop rather then a business entity and you do not fall under any of the exceptions (as far as I am aware). You can do a search on LA county or speak to a small claims advisor at the Department of Consumer Affairs in LA (xxx)xxx-xxxx. They can probably get you in contact with a advocate.

Jeb Burton.

Re: Do I have one claim or two separate ones?

You need an attorney in CA to bring suit for you and you need a NY attorney to revise your contract. We can do this for you for a reasonable fee.