Legal Question in Consumer Law in California

How long do you have to file a lawsuit against a photographer in California? Is it 3 or 4 years? I'm hoping the latter. My husband and I paid for a photographer to take pictures at his father's funeral (per his mother's request) and then left it up to his mom to get the pictures, album, etc. that were in the contract. The funeral was in 2006 and we just found out from his mom that after working with the photographer on the album the photographer asked for more money and she never pursued it. We now having nothing for the $1500 we paid out - no pictures, not the DVD she promised or the album. It is 4 years in a few months, is there anything we can do legally if she refuses to give us anything at this point?


Asked on 4/06/11, 6:46 am

1 Answer from Attorneys

I'd like to give you a simple answer. However, the answer will depend on further information.

The law that limits the amount of time in which you can file a lawsuit is referred to as the "Statute of Limitations". You are required to file a lawsuit within the time proscribed by the Statute of Limitations.

The next question is, of course, how long is the statute of limitations in your situation. The general rule is that breach of an oral/verbal agreement has a two-year statute of limitations (CCP 339). However, breach of a written agreement has a four-year statute of limitations (CCP 337).

The time will typically begin to run on the date of breach of the agreement. One example of breach can be that they were supposed to provide photos by a particular date. They did not provide the photos on that date, thus breaching the agreement on that date.

Because of the amount involved you should look into filing in small claims court.

Caleb

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Answered on 4/06/11, 10:32 am


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