Legal Question in Civil Litigation in California
I contracted with an establishment for a wedding. 2 months later they changed our agreement due to having the opportunity for another client contract for a portion of the property. I spoke with them and told them if that were to happen their venue would not work for us. they apologized and emailed me that they couldn't do anything about it. I paniced and rescheduled elsewhere due to the other venders I had contracted with on that day, fearful I would be in breach of contract with them. Now although it stated in my contract with the venue that the deposit is not refundable, they said they would stick with our original agreement so now they are not in breach of contract. I already went elsewhere and they are refusing to refund my deposit. Can I sue for it?
1 Answer from Attorneys
Yes. If they breached the contract by making their conflicting commitment to another client (it's not clear from your question whether that actually was a breach, but I will assume that it was), then they did not retroactively undo the breach when they later decided to honor your original deal.
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