Legal Question in Business Law in California

We have a co-packer of some jalapeno peppers that wants to take legal action agaist our company for non payment. The first thing they did was not follow our specifacations on the pickeled product, then he told us because they screwed up that we still owe them the money or they will take legal action. We saw our manufacturer at a trade show and after he apologized for getting it wrong he told us not to pay for the gallon jugs that was wrong, but pay for the 16 ounce which 85 cases were bad. We paid for the 16 ounce even though we had to throw away 85 cases because they were no good but we didn't on the gallons because he told us not to. I have emails of him admitting they were wrong but now he is threatning us with legal action if we don't pay for the gallons.


Asked on 5/01/12, 11:11 pm

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

How much money is at issue. You may need all the facts, and emails reviewed to determine the situation.

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Answered on 5/02/12, 7:47 am
Terry A. Nelson Nelson & Lawless

You can talk and argue about the facts and issues all you like, but the bottom line is that if the parties don't work it out among themselves, his threat to sue means you will have to litigate this and spend attorney fees and court costs if it goes to Superior Court. If it is less than $10,000, it should go to Small Claims Court. If the amount in dispute is enough to justify hiring an attorney, then I suggest you hire one to represent you immediately. He may be able to negotiate an agreement, or can defend you in court if necessary. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I've been doing these business cases for many years.

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Answered on 5/02/12, 11:39 am


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