Rosamond, CA asked in Contracts for California

Q: I was put on balanced billing instead of generation billing which was signed on a contract, is that breaching a contract

I took over a solar contract when I bought my house in 2012 and after a few years I was getting billed an annual reconciliation fee. I called them up and asked about it and they just said what it was and didn't help. Then I got a copy of the agreement and contract and what I agreed too was being put on generation billing which is paying for the amount of energy I produce. I then found out they put me on balanced billing which is a certain amount a month and then at the end of the year if you make too much energy they charge an annual reconciliation fee. Now I tried to sue them but the previous lawyers didn't help me. I'm asking do I have a legal reason to sue to get out of the contract since they put me on balanced billing instead of generation which I was supposed to be on since day one? Since they did that doesn't that mean they breached the contract?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick

A: I know this may sound weird to you, but just because someone has breached a contract with you does NOT mean you can sue them for breach of contract. In order to sue anyone the plaintiff must be able to state--and ultimately prove--that they have suffered some sort of damage; and in contract law, that usually means money.

After the plaintiff quantifies his provable dollar damages the next important consideration is this: Is the amount of money lost really worth suing someone? The answer depends upon (1) the difficulty of the particular case, and (3) whether you will need a lawyer or not.

Example: Suing an international corporation in a federal court is not the same as suing a person in small claims court.

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