Legal Question in Business Law in California
Our company provided rehabilation services for a skilled nursing home in Riverside county CA, these services include: physical therapy, occurational therapy. We terminated our contract with the nursing home as they owed us $240,000.00(aprox). Our contract states we can sue for attorney fees, I have a attorney but I cannot afford to pay his firm the amount of money they our requesting to procede. What opptions due I have?
3 Answers from Attorneys
Without knowing the details, this sounds like a pretty straight forward breach of contract action. Your options are either to find a more affordable attorney or file yourself and use an attorney to consult you on procedure and drafting the pleadings. Give me an idea of what you are being quoted and I may be able to help (or at least set forth these options in more detail). Incidently, the attorneys fees clause may or may not help you.
I agree with Richard above. Very straighforward. I would add that in the event you prevail, attorneys fees may be recoverable and there is a statutory code section that may mirror your ability to recover. Again, if you are the winning party. As far as fees, I do not know what your attorney is charging, however, the firm I work with has payment plan options and my office accepts credit cards and our fees are generally very competitive, so we may be able to assist as well.
William M. Frantz
41690 Ivy Street, Suite B
Murrieta, CA 92562
(951) 200-7682
www.williammichaelfrantz.com
www.ncslaw.net
If your business is a corporation or LLC, it cannot represent itself in Superior Court, so that option may not be available.
A few attorneys will handle breach of contract cases on a contingency basis, particularly after reviewing the merits of the proposed suit and the likelihood of being able to collect a judgment, if and when a favorable judgment is won (or an out-of-court settlement is negotiated) and satidfying themselves that the case is winnable and collectible. Contingency fees are more common in personal-injury cases, but not unknown in contract matters.
Due to the reality that if you lose the attorney gets nothing, expect to have to give up a fairly large portion of any judgment you win under a contingency agreement.
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