Legal Question in Employment Law in California

If he performed the services, he is entitled to be paid. If he didn't bill you, maybe that was a mistake, but you knew he was performing the services and knew he wasn't working for free. Depending on your agreement with him, he may have 4 years or 2 years to bring a claim for non payment. Since there were only 20 months missed, he is probably within the statute of limitations.

California Code of Civil Procedure 337(1) and Section 339(1) control this situation. Basically, a written contract provides for a four (4) year statute of limitations, dating from the breach of the agreement. So, if the pool services agreement is in writing, all twenty months of non-payment would be within the statute, and the date of each monthly non-payment would be a new breach, with a new 4 year timeline. There is another powerful theory for breach of duty to pay, and that is "quantum meruit" -- a latin term meaning "the amount of value" conferred by the services rendered and accepted with the knowledge and implied consent of the beneficiary. What does that mean? It means that even without a written or verbal contract, if you set up circumstances for pool services to be delivered, and passively accept them, you will be required to pay for the value of the services. This is an "equitable" theory of recovery, as compared to a contract, which provides a "legal" basis for suit. So, as you've presented the question, someone needs to pool his resources, and pay the bill. Author: http://www.employee-rights-atty.com