Legal Question in Personal Injury in California

Funds kept for medical expenses

My 3&1/2 year old son was asked to leave a preschool due to an injury sustained by the school's director. We had paid tuition two weeks in advance and were told that the excess would be returned. Now, the director has told us that she is withholding the tuition to cover her medical expenses because she had no medical insurance. We paid a $50 deposit up front to ''hold his space.'' Is it leagal for her to hold this money? Does it matter how much of the injury was my son's fault and how much was the director's? What can we do?


Asked on 5/22/01, 3:17 pm

1 Answer from Attorneys
Michael Gray Barber & Gray, LLP

Re: Funds kept for medical expenses

Unless the contract you signed for the deposit permits the school to keep it, the school must return the deposit. Your only real recourse is to sue in small claims court if demanding the return of the money doesn't work.

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Answered on 5/23/01, 6:49 pm


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