Legal Question in Business Law in California

Re: My daughters preschool filed a case in small claims against my 4 year old da

This is really strange. In the first place, your daughter didn't make the contract; it would have been made (signed) by one or both parents. Even if she were a party to the contract, it would be void as to her because of her age.

Nevertheless, someone has to appear in court and defend. You need to explain the age situation. Also, there is the possibility (from your description of the complaint, I can't tell for sure) that the compaint ALSO names your husband as a co-defendant.

Take your evidence of payment.

Re: My daughters preschool filed a case in small claims against my 4 year old da

Thank you for your posting.

Someone under the age of 18 cannot legally sign a contract for payment, and cannot be sued, except through a guardian or conservator. They certainly cannot sue her for payment under any contract theory.

I am sorry to hear that your 4 year old was sued. I share Mr. Whipple's confusion as to your mention of your husband's name - are you saying your husband was sued also?

If this is small claims, you can appear and explain and ask for the case to be dismissed as to your daughter. If this is municipal or superior court, you will need to bring a demurrer or other action after requesting informally that the opposing side drop your daughter from the lawsuit. This may be a case where they tried to sue you and your husband and got confused as to the names, and can be cleared up easily by notifying opposing counsel.

I hope that this information helps, but if you have other questions, need further information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can