Legal Question in Legal Ethics in California

We are taking our wedding photographer to small claims for failure to provide our wedding album (it has been almost 4 years and she states that she does not have the funds to complete the albums although she was paid in full) . The small claims site instructs us to send a demand letter first. I have two questions:

1) If I send the demand letter as an email attachment is that sufficient (she regularly responds to email), or do I need to send it through the us post with a receipt of confirmation? (Or can I do both?)

2) When I go to small claims, do I ask for the full amount and let the judge decide, or do I provide options? For example she owes us 4850 as per the contract, but if she provided us with the albums or with the formatted layout and the funds for the album completion (1000$), I would be satisfied- but what do I sue for to get the desired outcome?


Asked on 3/03/10, 11:09 am

1 Answer from Attorneys
C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

Please be aware that the statute of limitations for filing an action to enforce a written contract in California is 4 years. Make sure to file your Small Claims case before it has been 4 years.

You need to send your demand letter by mail, because the California Code of Civil Procedure does not recognize e-mail as a valid service. You should send it with a proof of delivery, as she may not sign for a certified letter.

Ask for everything you are entitled to in Small Claims court, but you can let the photographer know that you would settle for less in your demand letter.

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Answered on 3/10/10, 10:50 am


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