Legal Question in Civil Litigation in California

Business contract dispute suit

If I am a client of an agency to whom I have a contract for services, and these services are not being performed to my satisfaction, can I sue for reimbursement in small claims even though the contract says that disputes will be handled through arbitration? The amount of money is less than $2000.00, and arbitration appears to have more costs involved than a simple small claims suit. The fact that the services are not being performed as contracted is disputed by the contractor.


Asked on 4/26/99, 5:38 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Business contract dispute suit

I cannot tell for sure without reading the contract but the answer is likely no, you must arbitrate. You can try filing in small claims and if they dont raise the arbitration clause as a defense you may get a judgement. it is worth a try, you have nothing to lose but the filing fee.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 4/26/99, 10:47 pm


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