Santa Ana, CA asked in Consumer Law for California

Q: Is an action made by a seller allowed? Should I take legal action? What do I do?

I scheduled an event with a banquet hall in March of 2019 for May 30 2020 but it was cancelled due to the coronavirus. I payed $3000 deposit, the rest was supposed to be payed on April 30th but it got cancelled two weeks before. They want me to reschedule in December but I work in healthcare and don’t have any more vacation days so I can’t. They also do not want to refund my money, they only want to give me $1000. In the contract we made, it says if they cancel the event they have to reschedule the date or refund me my money.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You are entitled to a full refund of your money. They cancelled and now they cannot reschedule to suit your schedule. You need to send them a letter "rescinding" the contract based on their cancellation and demand your money back within 10 days. If they don't do it, don't argue with them, just file in small claims and take them to court. this is a Material breach of contract (see CC §1689(b)).

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