Legal Question in Business Law in California

Client not paying - California

I am an independent contractor, managing vineyard in Napa Valley. A client sold the property - it was a reitrement home - and moved. She didn't leave a new address and didn't notify me of the sale. This was 6+ months ago. I have finally caught up with her, she's still local, but sounds like she's not going to pay the last invoice. $24k. What are my options.


Asked on 4/30/08, 8:31 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Client not paying - California

I don't think ag contracting work qualifies you for a mechanic's lien, and it's probably too late now anyway. Your best bet is to sue for breach of contract. Are you listed with the Napa County Ag Commissioner? I won't even ask if your people are "legal," because I don't think that affects your case. If you use a fictitious business name like "Nip and Tuck Pruning and Training Service," is your name registered with the County Clerk?

$24,000 is too much to just walk away from; whether your contract was written or oral, or oral with some written evidence that it existed, like regular statements, you should be able to sue and win. Also, someone who has just sold a Napa Valley vineyard that generated a $24K bill for management has got to have some bucks to pay the judgment. In fact, I'll bet she would settle soon after being served with a suit.

Check out my Web site; I'm a grape grower myself when not practicing law, and I just came in from running my flail mower. I have clients in the wine business and a case right now in the Napa court. I'd be pleased to give you a "trade discount" rate to bring suit against this lady, especially if you can help me score a ton or two of primo Cab for my hobby winemaking group.

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Answered on 4/30/08, 10:01 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Client not paying - California

It sounds like you could file an action for breach of contract, using your invoice as a contract that your client didn't perform on.

If you would like to discuss this further, please contact me, as I am in your area.

Thanks.

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Answered on 5/01/08, 1:26 am


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