Legal Question in Business Law in California
My situation: I am an independent contractor working in a salon. I was unable to pay the rent for the month of November and told the owner on November 1st. The owner asked me to return the keys and made a verbal agreement with me the night of November 1st that I would be a commission employee until I could get on my feet. The morning of the next appointment I had, I got a text message from the owner saying it wasn't working out and I could come pick up my stuff. We set a date and time for me to come pick up my stuff and then that morning I got another text from the owner saying I could not get my belongings because she was taking possession of everything in my room because of the money owed to her. The owner said it was part of my lease which she never gave me a copy of and still to this day has never given me a copy even though I continue to request one. The owner is also asking for the rent for the month of November and an amount for the equipment she purchased. I only worked one day of November before I wasn't allowed back and do not have any of the equipment that she purchased or that I purchased. I feel the rent should be prorated for only the one day I was allowed to work and I shouldn't have to pay for equipment that I am not using and I feel she should return all of the things I brought in or purchased myself. Am I right in thinking this?
3 Answers from Attorneys
This is quite a mess and very difficult for anyone here to offer a valuable insight without fully understanding the situation.
A lot depends on what the lease says here as well. You may owe for Nov if for example the lease provides for 30 day notice period. That is, you told her on the 1st that you will not be able to pay, so technically you would still owe for that month. If she refuses to give you a copy of the lease, you should sue here in small claims court for the return of your things. At that time, she will be force to provide the lease if that is her defense.
As far as the equipment is concerned, I would need to know more, but it certainly doesn't sound fair that you should be paying for things that you do not possess. I'm just not sure what exactly you are saying here.
I suggest that you speak to a lawyer in private to flesh it out more. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I generally agree with the answer provided by the New York attorney, but I doubt that a California small-claims court has jurisdiction to make an order for return of personal property (called "replevin" in many states, but "claim and delivery" in California). Although an argument could be made that Code of Civil Procedure section 116.220(b) allows it as a form of equitable relief, I'd say the small-claims judge might very well say the suit was asking for relief that was outside the court's rather limited jurisdiction. Small-claims courts are more or less limited to money judgments.
I generally agree with the answer provided by the New York attorney, but I doubt that a California small-claims court has jurisdiction to make an order for return of personal property (called "replevin" in many states, but "claim and delivery" in California). Although an argument could be made that Code of Civil Procedure section 116.220(b) allows it as a form of equitable relief, I'd say the small-claims judge might very well say the suit was asking for relief that was outside the court's rather limited jurisdiction. Small-claims courts are more or less limited to money judgments. I could not find any case deciding the issue.
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