Legal Question in Consumer Law in California

Is anyone familiar with1812.80 - 1812.98 of the CA Civil Code? If so, would a martial arts gym fall under that CA Civil Code? The billing company of the martial arts school has stated that the only way to get out of the contract from injury is to be permantly disabled. The above referenced civil code says nothing about permant disablity. It just uses the words disabled. Take from the Ca Civil Code:

"For the purposes of this section, "disability" means a

condition which precludes the buyer from physically using the

facilities and the condition is verified by a physician."

I have not been able to attend the classes since I injured my back. I have a Dr note. They say it must contain the words permantly disabled. Im I screwed?


Asked on 8/26/09, 10:51 am

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

You should never believe or trust what the school say, they're not lawyers, unless you verify. I don't specialize in that area but you�re right that the statute does not say anything about being permanently disabled. There may be case law out there interpreting Civil Code section 1812.89, but a lawyer would have to research those cases for you to be sure. Perhaps a higher court has already decided this issue, and the small-claims court has to follow that ruling.

This is one of those situations where you basically inform them you are terminating the contract and if they want to sue you in small claims court, then they go ahead and make the argument in court, but you have good arguments against them, too.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

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Answered on 8/27/09, 1:54 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

If you are sued, then assert it as an affirmative defense.as well as unjust enrichment. If you woluld like I could draft a letter for purposes of preventing a suit. Contact me directly.

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Answered on 8/28/09, 2:52 pm


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