Legal Question in Civil Litigation in California
Owner operator information
I am a owner operator of one truck. A contractor hired me to haul loads for a dairy. The contractor has not paid in full nor will he give the information on the weghts of the products which I hauled. I have asked the owner of the dairy for my weights of the loads I hauled and he has concerns with the legality of releasing that information. I just want a better paper trail. What do you think?
1 Answer from Attorneys
Re: Owner operator information
There is a breach of contract. However, I have a few questions for you, at least to make you think about how you conduct your business.
First, is it possible to have your truck weighted while dry? If so, will the CHP truck scales provide you with how much your truck weighs wet? This way you can calculate how much the goods weigh and that might be of value.
Next, I would never haul a second load until the first one is paid in full by the same customer. However, I'm not sure about the usual and customary way truckers bill their customers and how they are paid.
When you sue the contractor, you will have the opportunity to propound discovery whereby you can find out how much the loads were. You will probably find this on his sales receipts to those who purchase the products from him, or in the alternative, check with the sources where you actually pick up the product from. They may provide you with valuable information as to the weight of the merchandise.
Should you have anymore questions, please do not hesitate to contact my office at 818.385.0520.
Good luck.
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