Legal Question in Civil Litigation in California

CA Civil Code 1812.80-1812.85 contract issue

We think we are on track with the right thing to do here, but want confirmation. Our USMC legal office is totally useless on this... we signed a contract for martial arts training. A few months later, the instructor sold the school to a relative. Their plan was that all the students' contracts were part of the sale and transferred to the new owner. The original instructor offered to continue teaching us at a new location, with new hours, new everything. There was no new contract. It is our understanding that under the civil code that covers health studio services, that when he made the sale, changed the amount of training, hours, etc that the original contract with him was voided and we would have needed to sign a new contract. Is that correct? Also, he is demanding the money for members of our family that we didn't sign contracts for. 5 of us trained, but we only signed contracts for 2. I printed the civil code and wrote a letter with a settlement offer of tuition that we used and were a month behind on. That's all we feel we owe. He drastically cut the hours of training and days per week from 5 days/wk to 2 days/wk. Per day it went from 4 classes to 1 class time. We have no contract lawyer at our base legal office. Please help!


Asked on 1/09/08, 2:18 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: CA Civil Code 1812.80-1812.85 contract issue

Hello!

You are substantially right. You bargained for a full box and ended up getting just a couple of scraps.

End Product: Although you are probably right and will ultimately have a justifiable position, the liklihood is that you will get sued by a collection agency that the account will ultimately be turned over to. This will wreak havoc on your credit.

Best course of action is to "cut a deal" EVEN THOUGH YOU ARE RIGHT!

Saves face, credit and grief.

You can ultimately test your theories in court, but you'll have to hire a lawyer and spend a lot of money that you probably do not have.

You can contact me directly next week should you have further questions.

Sincerely,

Mark Mitchell Geyer

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Answered on 1/11/08, 9:26 am


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