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Bad, Bad, Bride wants to sue me!

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P

photome

Guest
What is the name of your state? California

I am a professional wedding photographer in California. A bride hired me to de her wedding.

1. She purchased a package from me for $1500
2. Due to a divorce i was going through I comingled funds to survive and pay rent and although I delivered her images and negatives and album, I was delayed on providing her enlargements.
3. After her contacting every government office, she went off and had the enlargements done herself. I did offer to have the prints done in a timely manner, but she refused and took them to her lab. I asked her to provide me the name of the lab so that I can verify price and agree to weather this was in the allotted budget for the package. She did not do so and went off and made the enlargements anyway.
4. She has now provided me with a bill and demanded payment or she will sue me. She has included a $100 fee for which she claims she consulted an attorney. She has purchased print sizes that where not part of the agreement and has purchased additional mats for her album which where not part of the agreement.
5. I told her that If I where to pay her the amount she is requesting, then I would have to up the price of the package as I would be losing money.
6. I have not reimbursed her yet as I am waiting advice. She now has sent me an E-mail telling me she is going to sue me for the following:

A. Wedding Fee of $1000 (I'm not sure what she means here)
B. Enlargements and Attorney Fee totaling over $600
C. A fee for me posting her photo on my website as advertisement (based on a verbal okay by her, but I later removed it). of $2000
D. The fee of $50 for her Regular mail (RRR) to me.
E. The cost of her father to fly down and loss of income for being a witness (for exactly what I am not sure).


The only issue outstanding is the cost of the prints to complete her album and nothing else.

My question:

What exactly CAN she do and can she claim all of this and get it?

Thanks!
 


JETX

Senior Member
What exactly CAN she do
Based solely on the information in your post, she MIGHT have a claim for breach of contract. As to the amount, clearly that is a part of the dispute and ALL the facts (both sides) would have to be heard to determine what, if any, damages are awarded.

and can she claim all of this and get it?
Of course she can 'claim' it, but most of the things she is claiming will likely NOT be allowed.

For example:
"A. Wedding Fee of $1000 (I'm not sure what she means here)"
*** Since she did receive benefit of your services, it is unlikely she would get this full amount.... but she is owed SOMETHING for your failure to complete the contract.

"B. Enlargements and Attorney Fee totaling over $600"
*** Again, unlikely. And even if allowed, this would offset the amount in 'A' above.... not likely to get BOTH a deduction and expense.

"C. A fee for me posting her photo on my website as advertisement (based on a verbal okay by her, but I later removed it). of $2000"
*** No.

"D. The fee of $50 for her Regular mail (RRR) to me."
*** No. That is excessive, considering the true cost is likley less than $10.

"E. The cost of her father to fly down and loss of income for being a witness (for exactly what I am not sure)."
*** Nope.
 

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