Legal Question in Civil Litigation in California
I'm suing someone (Mr. X) who failed to deliver front row tickets to a big Hollywood award show. These tickets were for a very important client. At 3pm on the day of the event, Mr. X failed to deliver the tickets and return the money. My only option to save my relationship with this client was to go to a ticket broker and try to purchase tickets through them. I was not able to get front row tickets, I was able to get a few general tickets but because they were not what the client agreed to pay for, he would not pay for them. Rightfully so... we're talking about over $4,500. In a lawsuit, would Mr. X have to return the original amount of money PLUS the money I was forced to spend because of his failure to uphold his end of the contract? If so, can someone point me a law, case or examples so I can read up on it? Thanks you for taking the time to read my question.
2 Answers from Attorneys
If you had a contract, take Mr. X to small claims court. Bring the original contract. Watch out for legal time limits.
It is highly unlikely that you would recover the money you gave Mr. X and the money you paid for the substitute tickets. The best you should hope for is the money you gave Mr. X, and perhaps any additional fees you had to pay for the substitute tickets. Whether or not your clients wanted the substitute tickets is not going to carry much weight. You should have checked with them before you brought them. With that being said, there is probably no harm in including it in your complaint. The Judge will probably just deny it, and won't hold it against you. If the additional amount kicks you out of small claims court you may want to leave it out.
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