Legal Question in Civil Litigation in California
Suing for non-performance.
How can sue a wedding photographer for non-performance and breach of contract? Can I sue him for the whole wedding cost? Thanks
3 Answers from Attorneys
Re: Suing for non-performance.
If the photographer didn't show up and you had -no- wedding pictures at all, there is a breach of contract, for sure. Typically, with breach of contract, there's no emotional distress claim. However, in certain instances like funerals (and perhaps weddings), there might be, since it's a once in a "lifetime" event. Please give me a call and we could discuss some more. -Robert F. Cohen, Esq., (310) 858-9771
Re: Suing for non-performance.
You can sue, but a lot depends on what you mean by non-performance. You probably cannot recover the cost of the wedding.
Re: Suing for non-performance.
You may sue for non-performance/breach of contract. This is true whether or not you have a written or oral agreement. You may be able to claim any deposit, and/or the difference if any in hiring another photographer. If the amounts are less than $5,000.00 than you can proceed in small claims court.