- Jurisdiction
- California
Hello and thank you for taking the time to read my post.
An individual who organizes baseball activities ("Individual") offered me a MVP Membership ("Membership"). The Membership cost $3,250 for 2 years and included paid spots to all events, showcases, leagues, and camps. I paid for this Membership a year ago and the Membership runs through December 31, 2017. There were 9 scheduled events this past year and all but 1 were cancelled due to various 'personal' reasons at the last minute. I won't even get into how many times he rescheduled events before cancelling them. At this point, the cost of 1 year's remaining events will not amount to the $3,250 I paid for the Membership. About 3 months ago, I received an email from the Individual, admitting he has done a poor job of putting on events and will extend my Membership for 4 additional years. I did not respond to the Individual's email.
About a month ago, the Individual admitted that 20 months ago he had a bout of depression and an injury that required pain medication and recently began stealing his wife's pain medication for his addiction. The Individual then realized it was too much to deal with and checked himself into rehab.
I no longer have confidence that future events will happen and have sent 2 emails requesting refund of my Membership. I have not received a response. I also have email communication, providing the details of the Membership and emails and/or webpage screenshots showing the events were cancelled.
We spent the past year holding dates for this Individual's events and passing on other events only to have this Individual's events cancelled at the last minute (in many cases the night before). We can no longer pass on other potential events and waste our weekends of cancelled events.
Now that you know the backstory, my questions are:
1) Do I have a legitimate small claims case?
2) If so, can I file now or do I have to wait until 12/31/17? As mentioned above, we cannot continue the pattern of blocking dates only to have events get cancelled.
3) I live in a different court jurisdiction than the Individual. Can I file in my jurisdiction? On form SC-100, does my case fall under 5(b)? There is no 'signed contract', but there are email exchanges and I have proof of payment, so do these email exchanges and payment count as 'signed contract'?
4) Do my emails requesting refund count as Demand Letters or do I have to mail Demand Letters via USPS?
Thanks!
An individual who organizes baseball activities ("Individual") offered me a MVP Membership ("Membership"). The Membership cost $3,250 for 2 years and included paid spots to all events, showcases, leagues, and camps. I paid for this Membership a year ago and the Membership runs through December 31, 2017. There were 9 scheduled events this past year and all but 1 were cancelled due to various 'personal' reasons at the last minute. I won't even get into how many times he rescheduled events before cancelling them. At this point, the cost of 1 year's remaining events will not amount to the $3,250 I paid for the Membership. About 3 months ago, I received an email from the Individual, admitting he has done a poor job of putting on events and will extend my Membership for 4 additional years. I did not respond to the Individual's email.
About a month ago, the Individual admitted that 20 months ago he had a bout of depression and an injury that required pain medication and recently began stealing his wife's pain medication for his addiction. The Individual then realized it was too much to deal with and checked himself into rehab.
I no longer have confidence that future events will happen and have sent 2 emails requesting refund of my Membership. I have not received a response. I also have email communication, providing the details of the Membership and emails and/or webpage screenshots showing the events were cancelled.
We spent the past year holding dates for this Individual's events and passing on other events only to have this Individual's events cancelled at the last minute (in many cases the night before). We can no longer pass on other potential events and waste our weekends of cancelled events.
Now that you know the backstory, my questions are:
1) Do I have a legitimate small claims case?
2) If so, can I file now or do I have to wait until 12/31/17? As mentioned above, we cannot continue the pattern of blocking dates only to have events get cancelled.
3) I live in a different court jurisdiction than the Individual. Can I file in my jurisdiction? On form SC-100, does my case fall under 5(b)? There is no 'signed contract', but there are email exchanges and I have proof of payment, so do these email exchanges and payment count as 'signed contract'?
4) Do my emails requesting refund count as Demand Letters or do I have to mail Demand Letters via USPS?
Thanks!
