Legal Question in Civil Rights Law in California
I live in California, and just received a call from a travel booking company. They stated that 5 years ago I had made a reservation to attend a 90 min presentation in Las Vegas and stay at the hotel for $212 . They have record of me staying but not attending the presentation, so now I'm in breach of contract and they could sue me for the full amount of $1200 and send me to collections or resign up for $496 and attend a 90 min presentation. This would clear me of the contract. If I attend the presentation they would re-imburse me $400. I told them that I did sign up for that and paid the $212 on my credit card, but 1hr later I cancelled and was reimbursed $112 of that because there was a $100 processing fee. The guy said that cancelling it doesn't get me out of the contract, the $100 was a charge for one night at the hotel instead of two but I still needed to go. My question is am I still in contract? Should I pay the $496? or is this just a scam?
1 Answer from Attorneys
Tell them to pound sand. Statute of Limitations for contracts is at most 4 years. It would be worth watching to see a judge react to such lawsuit. The contract in question probably had an attorney fee to the winner provision, which means you'd get your attorney fees paid by them if they were foolish enough to sue you on an action that is time 'barred' and not justifiable in any respect.
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