Legal Question in Personal Injury in California
My ex fiance broke our engagement . When we agreed on a wedding planner, we initially agreed that we would go 50/50 on the wedding expenses. We signed a contract with the Wedding Coordinator and I put down the deposit since he didn't have the money at the time so he agreed to pay half when he did. I also paid for all the other deposits (reception venue, transportation, videographer, wedding dress, which he agreed with the coordinator to pay). After he broke off the engagement, he filed a restraining order and I was not able to contact him about paying me back. I also applied some money towards my engagement ring as well. When I did ask him to return the ring, he stated that he needed money and pawned it. He did this without my permission. A few months after the engagement was broken off, I tried numerous times to contact all wedding vendors for copies of the receipts paid from the wedding coordinator. But all they provided was copies of the contracts, but no receipts. My ex fiance and I used to live together and all the documents disappeared when he moved out. So now I have no proof but the emails to and from the wedding vendors. Can I still sue for half the wedding expenses and for the engagement ring?
2 Answers from Attorneys
Civil Code Section 1590 provides: "Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just."
I would ask for the value of the ring when it was purchased, not as it was pawned. And as Mr. Marman says, I second his motion, "Yes, sue him."
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