Legal Question in Business Law in California

Does the below mean that in California small claims a plaintiff may ask a judge to impose an injunction and, by so doing, force the defendant, if found guilty, to perform in a certain way i.e...someone stole my client; I want defendant to turn the client over to me....here's the law:

CCP � 116.220(b): In any action seeking relief authorized by subdivision (a), the court may grant equitable relief in the form of rescission, restitution,

reformation, and specific performance, in lieu of, or in addition to, money

damages. The court may issue a conditional judgment. The court shall retain

jurisdiction until full payment and performance of any judgment or

order.Michael Stone


Asked on 7/23/10, 7:45 am

5 Answers from Attorneys

No, not unless you had a contract that they give you the client. Specific performance is in the nature of a mandtory injunction, but it is not exactly the same thing. The remedies listed in section 116.220(b) are all remedies for breach of contract that are alternatives to money damages. They do not have application beyond breach of contract cases. In addition, I'm not sure what good such an order would do, since the court cannot order the client to do business with you, only that the offending party NOT.

Read more
Answered on 7/23/10, 11:10 am
Terry A. Nelson Nelson & Lawless

No. Small claims court has no injunctive relief.

Read more
Answered on 7/23/10, 12:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The remedy of specific performance only comes into play where money cannot compensate you for the breach. For example, if I had a contract to buy a 1968 metallic-mint-green Buick, the court might enforce the contract by ordering the other party to surrender the Buick and the pink slip. The loss of a client can be reduced to the value of the sales you can prove you would have made through this client. So you won't get specific performance. And it would be difficult, even in a court having jurisdiction to grant injunctive relief, to get an order prohibiting the other guy from doing business with "your" client.

Read more
Answered on 7/23/10, 1:07 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I am not sure what you mean when you say you want the other guy to "turn the client over" to you. You don't say what business you are in but the Court can't force someone to work with you if they don't want to. You might get economic damages from the other person for interfering with your business (probably based on the profit from the work for that client) or damages for breach of contract from the client if he failed to perform under a contract with you. You might even get an order preventing the other guy from working for the client. What you won't get is an order that the client has to do business with you. You would be better served by using your time and efforts to show the client that your service is better and that he should come back to you.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 7/23/10, 1:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No. Small-claims courts cannot grant injunctions, and furthermore it is very doubtful that even the Superior Court could order to be done what you seem to be proposing.

Read more
Answered on 7/23/10, 6:47 pm


Related Questions & Answers

More Business Law questions and answers in California