Legal Question in Business Law in California
Ok so this girl says she is going to sue me because we did a photoshoot and she was a very poor model so I paid her for her time and sent her on her way now she wants 180 which is a figure she just made up and she says if I don't pay her she will take me to court and I don't have money for a lawyer. Can't I just say she is full of crap I mean she has no proof we even did the photoshoot besides text messages which I can say were took out of context, wouldn't this be a classic 'her word against mine' situation? Can she sue me even if she is lying and I don't have time or money to go to court?
5 Answers from Attorneys
Pay her.
As a Franchise Attorney I agree with Mr. Stone, but be sure to get a full release that includes use of her photos. If she visits the employment development department and says you were her employer and haven't paid, this could open a big, ugly can of worms. All things considered, it's just not worth your time and peace of mind for $180. Next time, use a written contract and the problem won't come up. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Don't pay her. It will only encourage her. If you had no agremement to pay her any more money advise the court that you paid her for her time and that is all you owed her.
As a Franchise Attorney I disagree with the above attorney answer. What's it going to encourage her to do, especially if you use a full release. Do you really want to go to court, as he advises, and duke it out there for $180? Where's the cost-benefit here - there isn't one. Just pay her and be done. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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