small claim counter suit-how much $?

[momleeb]

What is the name of your state? CA
I am being sued by my former daycare provider. Per the contract I signed, I gave 30 days written notice and final check for daycare in June on 30 May for last day to be 30 June. On 2 June, provider was verbally abusive and admitted having retaliated against infant son by changing his diet due to her anger with me for having given notice--she apparently expected verbal heads up as well. She was so hostile that I realized out of concern for my child's welfare that I could not leave him with her that day or any other. I stopped payment on final check. So she is suing for that and 25 dollars/day late fee. My questions: can I request a jury and in my countersuit, can I countersue for the fees I had to pay another daycare provider as well as my lost salary for work I missed due to daycare arrangments falling through and time it took to make emergency alternative arrangments?What is the name of your state?What is the name of your state?

 

[racer72]

I stopped payment on final check.

Right there is your fatal mistake why you will lose in court and why a counter suit will go nowhere. Only a judge has the legal authority to override or cancel the provisions of a legally binding contract if there is a dispute, you do not have that right. Everything else was your choice, it was not forced on you by the daycare provider. Good luck, you'll need it.

 

[momleeb]

Thanks for responding. My contention is that the daycare provider was in breach of contract. She made it impossible forme to leave my child there (thereby making it impossible for me to perform the contract) and indicated she did not plan to continue caring for him by requesting that I remove my frozen milk from her freezer--where it was stored fulltime as a back up supply. She was contracted to provide care through the end of June and her actions effectively denied that service to me. I plan to tell the judge that as children are members of a protected class, I could not be expected to leave my infant son there out of concern for his well-being considering her animosity; I will also state that this protected class status makes day contracts more than just a dollars and cents transaction: there must exist collaboration, cooperation and trust to the benefit of the child in order for a contract for that child's care to be effectively executed by reasonable parties. If my actions are judged by a reasonable person's standard, and having shown good faith by giving the required 30 days written notice prior to her verbal abuse, I suspect I will not lose, or at least not entirely. I did try to settle with her before she sued me but she ignored that effort. I would welcome further discussion with you as I have not been down this road before.