Legal Question in Civil Litigation in California

Return of Deposit, daycare complaint

My babysitter moved away,terminating care of my child,and leaving me with only two weeks (verbal)to find another sitter. On Friday of the first week she called saying she was terminating my child's care on that day. She said her movers were coming ''today'' and she wouldn't want the baby around them. I called and reminded her that she gave me two weeks. She said her contract only required one. I picked up my child,paid the remaining balance for the month and asked for my receipts. I was told she would ''mail them'' along with my deposit. She put a envelope in my babybag with a pre-dated letter stating that she was terminating care a week before she actually was, meant to make it seem as if I'd received two weeks to look for a Provider. I demanded the receipts, got them,but received no deposit. I have requested my deposit several times. She has replied at least twice saying she has sent out the deposit on a specific date. It has now been more than 30 days and I've received nothing. She also hasn't provided a federal id #. Can I sue in small claims for the deposit plus interest for the time I've waited?


Asked on 1/29/02, 4:55 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Return of Deposit, daycare complaint

Yes, you can and you should. she is a liar and a thief.

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Answered on 1/29/02, 5:29 pm


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