Legal Question in Civil Litigation in California

I know oral agreements are hard to prove, but I have a witness to the conversation. Here is the story: My child participated in a program that was paid on a month-to-month basis. Prior to paying for May's tuition, I asked a staff member if she could perform in a show the first week of June without paying in full for June. I told them that we would not pay/participate for the month of May without the guarantee. I was told it was no problem and she could definitely perform in the show, so I paid for May. Less than one week before the show we were told she could not perform without paying for June. When I reminded them of the promise that was made I was told by the owners that I should have asked them, even though the staff member never told me that was the case.

Question: Is the oral agreement made by the staff a valid agreement since they made me a guarantee and never told me I had to have the owner's permission?

Thank you,


Asked on 5/31/11, 11:15 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The issue is whether it was reasonable for you to believe that the staff member could over rule the contract language which provides I assume for a full month's payment in advance of that month. Normally, that probably would not be a reasonable expectation. How high in the organization [how powerful] is that staff member, what is the exact contract language as to payments, how easy was it to speak to the owner, were you aware of others making such payment modifications, why did you want to pay for only part of June, were you planning on withdrawing from the program after that first week of June and did you tell the staff member, etc.

I would need to know the answers to the above and other questions to be able to make a more accurate opinion, but my guess based upon what you have told us thus far is that it is a very close question but that it is slightly more likely that you should not have relied upon the staff members statement as normally the owner would not waive their contractual rights to get more money.

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Answered on 6/01/11, 6:34 am


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