Legal Question in Business Law in California

Crooked Attorney Wont Pay Up

I sold some tile to a lawyer in Bel Air, CA a while back. Her brother (claiming to be her husband at the time) was the one we actually dealt with as he claimed it was for their new home. Long story short, they paid $5K deposit and after recv the entire shipment & placing it on their property, they refuse to pay the balance due. This guy is a real piece of work and is even being sued currently for another similar issue. The balance is $12K and now her law firm is sending us letters as if she is representing him. He constantly calls and threatens us with legal action but to date we've seen nothing filed.

I am getting ready to send another demand for payment and would like suggestions as to any laws they may have broken in using the tactics they have. This was a private party sale. Isnt it against the ethics code to rep someone who actually was not an interested party? He was her mouth piece only. She really paid the deposit & the house is only in her name. Wouldnt he just be acting as her agent in the deal? Seems like a huge conflict of interest issue to me but maybe not so any help would be appreciated. Also not sure what area of law this falls under.

Thank you for your time


Asked on 10/30/07, 3:19 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Crooked Attorney Wont Pay Up

If you sold tile for a real-property improvement project, wouldn't you be eligible for a mechanic's lien? Perhaps it's too late, but if you understand the mechanic's lien laws I think you'll see how you could or should have acquired this powerful tool for enforcement of payment.

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Answered on 10/30/07, 3:41 am


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