Legal Question in Employment Law in California

I own & operate a pool/spa service, cleaning & repair business in San Diego, Ca. 92019. I have a question concerning a commercial acct customer, "commercial" meaning Mfg homes, RV'S & 5th wheel trailers in a gated community. As well I live in this community, Spa hours are 6am - 10pm, though not posted. I was found to be in there after 10pm on 5-10-13 subcequintly the next day I came home after work to find one each of these letters taped to my entr�e door of residents as well as in my mail box, however w/no post mark on it. "As of today 5-11-13 _____ ______ ______ has put your services on suspension until further notice. I have a signed pool/spa service agreement w/customer which reads "Monthly pool & spa service to be performed X times per week each month". As well stated in agreement "Billing is sent out on the 26th of each month for that particular month ending, with the payment due by the 10th of the following month". This is a set amount every month. MY QUESTION IS:I'M TREATING THIS AS IF I WAS MOVING OUT OF A MONTH TO MONTH PROPERTY RENTAL, IF I DECIDE TO VACATE 11 DAYS INTO THE MONTH, I;M STILL OBLIGATED TO PAY THE REMAINING 20 DAYS LEFT IN THE MONTH, CORRECT? UPON THEM RECIEVEING MY INVOICE IN THE FULL AMOUNT FOR THE MONTH OF MAY, I RECIEVED BACK A PRORATED AMOUNT FOR THE 1ST (11) DAYS ONLY FOR THE MONTH OF MAY. THE ONLY DIFFERANCE I SEE IS TIME OF BILLING, THEY BILL AT THE BEGINNING & I BILL AT THE END OF EVERY MONTH. WHAT IS THE LAW & INFORCEMENT CODE ON THIS, AS WELL, I;VE HEARD IF I CASH THERE PRORATED CHECK, THAT SIGNAFIES THAT I AGREE TO EXCEPT THE LESSER AMOUNT AS PAYMENT IN FULL. THEREFOR CAN NO LONGER ATTEMPT TO COLLECT ANY PREVIOUS DISPUTED AMOUNT. Thank you, Mark Drew 619-994-2808


Asked on 7/08/13, 11:30 am

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

In order to answer your questions, your lease and contract for your services need to be read and analzyed as well as any terms on the check. Call an attorney to discuss. One should be able to assist you at a low cost.

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Answered on 7/08/13, 12:13 pm


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