Legal Question in Business Law in California

A dance hall says they will keep my $800 deposit. Can I get any of it back if I've cancelled 7 months before the actual date? What "damages" have they incurred if they've rebooked?


Asked on 3/19/14, 2:11 pm

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

It depends. With 7 months it would be hard for them to show why they are entitled to keep it, but it is not impossible given the facts and circumstances. If they refuse to give it back, you can always bring them to the small claims court and no lawyer will be required. You should also consider Judge Judy being you are already in CA, this would be binding arbitration, but I know she would require them to show a compelling reason why they are entitled to keep it.

Good luck!

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Read more
Answered on 3/19/14, 2:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As I believe I explained in response to a previous version of this question, the dance hall will be allowed to retain the deposit if it can establish to the satisfaction of the court that the $800 is a reasonable advance estimation of its probable damages, and not a penalty. Whether it can so establish the $800 as a reasonable pre-estimate of damages will depend upon its pricing structure, demand for space, how long in advance it sells out, and other factors. One cannot weigh all the factors without developing a whole lot of additional facts, going well beyond what you've told us, and probably beyond what you'd even know about. So, all in all, filing suit to recover the $800 is a gamble. maybe you win, maybe the dance hall wins.

Read more
Answered on 3/20/14, 10:13 am


Related Questions & Answers

More Business Law questions and answers in California