Legal Question in Civil Rights Law in California

I had a friend who was training me as heis a personal trainer . I paid him for ten sessions . We could only complete eight . As he was saying innappropriate things . This is so embarrasing for me but I am deeply hurt and also now not getting about $700 he owes me. I wrote a check . I have no proof of how many sessions i did, excet for the log in my iphone calendar . And my emails of how i cant train with him and why. I was ver close friends to this man for 4 years . Lately he has asked me after he broke up with his boyfriend(you understand) ,"want to give it a go you are so pretty", and asked someone in front of me ,"can you see us married", asked me to get a sex change, blah blah. He asked more things. So igoogled do Men such as he ever fall for straight women? I thought nothing of it as i forgot i googled it since . A month later while we are training now he sees it when he borrowed my computer. He accused me of wanting me make men such as him straight. I asked him why he said it and he told me he saw the google. Since then he is not training me. He would blame it on anything but what it really is all about and he wont pay me back. Is there any chance i can get my money back in small claims? IT is all heresay, but bottom line he is the one who now wont train me . I would go there and train. I dont have the wrong feelings for him it was just a silly google from what he said many many tmes. I want my money back. i am very hurt as i trusted this person a lot before this behavior. Now i would never even see him socially but i need my money back if i can


Asked on 9/13/09, 10:47 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Obtaining a judgment based upon an oral agreement is often based determined by the relative credibility of the parties. If anyone else heard the comments, have that person go to court as your witness. If you have evidence in your calendar of your appointments with the trainer, bring your calendar with you to court. However, going to small claims court for payment of $140 might not make sense because it would take you away from work for at least half a day. You might look at Civil Code sections 51 and 52, and determine whether you wish to additionally pursue a claim of sexual harassment by a business establishment, by which you might receive treble (triple) damages if proven.

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Answered on 9/13/09, 8:23 pm


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