Legal Question in Civil Litigation in California

My granddaughter was attending a home daycare around the corner from where my daughter in law works. The daycare moved to another city within 1 week not informing the parents' of this move. The new home daycare is not easily accessable or babyproof and so my daughter in law gave the day care owner 2 weeks paid notice that she was going to move her daughter to a new facility around the corner from work again. She received a registered letter today from the former daycare facility saying that her contract actually wanted 30 days notice and therefore $700.00 was due in 10 working days or they were taking her to court. She cannot find the original contract but thinks it was a two week notice (NOT a 30 day notice) and we are also questioning the fact that the daycare moved without proper notice and it is understood that she need to get a new license number for the new location which is in a different city, and we wonder if that would make the original contract null and void anyway?


Asked on 9/09/09, 1:50 pm

2 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If she failed to give you notice, she breached the contract as a key element [the heart of the contract] was that the facility would be close to her work. Even if the contract does not explicited say that, ilt would be the reasonable expectation of anyone looking for such a facility. In all likelihood, the owner knew at least one day before leaving that she was going to do so and when she had you sign the contract she was aware it was a distnict possibility; thus she failed to inform you of a material incident of the contract and breached it.

If you send a letter out in random to 100 people you never had any contact with saying they owe you $19, a few will mail you the money. She clearly breached[; moreover, who was there for you to give notice to? And if she lost her license for what ever reason she can not charge anything for that period that would also be a breach of contract.

Write her a letter, send certified mail, and ask for the money you paid as she breached the contract and probably knew of the breach before you signed the contract, demand the cost of the new day care you used for two weeks and the added driving involved, claim fraud so emotional distress damges allowed. Say that you will be very happy for her to sue as it is easier to file a cross-complaint in Court then a plaintiff's suit

Report her to th eState Bureau that licenses day care as she does not sound like the person you would want to handle small children.

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Answered on 9/09/09, 10:52 pm


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