Legal Question in Civil Litigation in California

Is this a breach of contract?

My girlfriend and I split up, after living together in Oregon. I moved to PA, she moved to Los Angeles with her mother. After not hearing from her for several months, she contacted me, and begged me to come to CA to pick up her, her belongings, cat, etc. I drove nearly 6,000 miles round trip during this ordeal. When I arrived at her home in LA, she informed me she had ''changed her mind''. We were in constant contact by phone prior to the trip, and by cell phone during the trip, and she could have contacted me at any time to either delay or stop the trip. I feel that she should compensate me for all costs incurred during the trip, and she refuses. I do have her request in writing. I would also like to charge standard mileage used by most businesses, or 23 cents per mile, to recoup my losses for gas, food, lodging, and wear and tear on my car! I could not find a FAQ that addressed an issue like this.

thank you,, --name removed--gordon


Asked on 6/18/02, 12:45 pm

2 Answers from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Is this a breach of contract?

Can you put together some type of quasi-contract, restitutionary theory resembling a law school exam question be put together that might survive a motion to dismiss?

Yep.

Is there any chance that the amount you might recover would cover the costs, burden, and aggravation of pursuing such a legal remedy?

Highly doubtful.

The law is very reluctant to get involved in matters of the heart, so I think the best advice, legally as well as from the Dear Abby perspective, is:

Write it off to experience and move on. Being involved with this woman any more, even as an adversary in litigation, ain't worth it.

Good luck.

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Answered on 6/19/02, 9:17 am

Re: Is this a breach of contract?

I second Mr. Marvin's comments. Was this fair? NO. Did it 'cost' you? YES. Is it worth suing for compensation? HELL NO.

Litigation costs much more than money, especially when emotions are involved. For small matters litigation is RARELY worth it. MAybe she's a 'nut'. Others often do things that may not really benefit them in any way, just because of the emotional toll it takes on others. The best thing to do is NOT react they way they want (their reward for their bad behavior). Smile, don't bitch, and walk away. Try to avoid people and situations like that in the future.

Remember, the best 'revenge' is to be well, and be happy.

Good Luck to you.

Kevin J. Begley

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Answered on 6/20/02, 3:00 pm


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