Legal Question in Real Estate Law in California

Re: Relative Trying to Sue Me

I think the legal enforecability of the "agreement" is less dependent upon whether there was consideration (I think there was) than upon whether this is the kind of agreement for which the law provides a remedy.

If John asks Jane to go to the senior prom with him, and she goes with Tom instead, there is a breach of promise, and probably consideration too. However, the law doesn't provide a remedy for the breach of so-called social contracts. You can't sue for being stood up.

Your case is borderline between being a business deal and a social deal. I encourage negotiationg a solution rather than thinking about what a judge might say to you if the matter were brought to court.

You have about a half a leg, and that one is a trifle lame. Same goes for the other side.

Re: Relative Trying to Sue Me

The question of your mother's property relates to her will. Who is the beneficiary of this property? Did she have a will?

Try to settle this among yourselves. It will cost you little to give them the video of their wedding. Why spend a lot of attorney fees arguing over such trifling matters? Hopefully they will see this as well.

Good luck.

Re: Relative Trying to Sue Me

You would be legally liable only if they could prove that you and the Aunt and Uncle entered into a legally enforcable contract. If such a contrct was formed, then yes, they could sue you for breach for failure to deliver the footage. It appears from the facts stated that the agreement lacked the necessary consideration required to bind the parties.

This is a very fact specific question so you may want to consult an atty before you are held to answer in a lawsuit.