Legal Question in Consumer Law in California

My wife signed a 3 year karate contract for our son (April of 2009). Four months after signing, the owner closed the studio that we signed up at (giving us 4 days notice) and forced everyone to move to his studio in another city (about 15 miles away). Is the contract that we signed (for the studio in our city) still binding? We have asked to be let go but the owner is being a stickler and forcing us to continue. I have also heard that long term contracts in the state of California are illegal. Is this true? My wife did not submit a social security number when signing up. Based off the drive, the unethical behavior of the owner and our families lack of day care while my wife drives to another city what are the ramifications if we terminate the contract on our own? I suggested to the company that is the processor of the monthly fee I would be glad to pay an early termination fee but they said it did not exist and my wife owes the remaining $3000. Your insight is much appreciated. Thank you.


Asked on 11/10/09, 10:36 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You should take a look at the language of the contract. If it does not mention that the agreement is transferable to another location, I would argue that one of the material terms was the location of the lessons, and that has been breached by the owner. Of course, my opinion isn't worth much when you're facing a $3,000 claim.

I also wonder whether the owner knew that he would be relocating when he signed up your son. If so, you might be right that he misrepresented the terms when he induced your wife to sign the contract.

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Answered on 11/16/09, 4:15 pm


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