01x31 - COVID Wedding Upset

[bunniefuu]

So, you hired him to be
your wedding planner?

Yes, ma'am.

When she cancelled it
because of COVID.

No, she didn't cancel it
because of COVID.

Everything else
was closed after March.

-Do you understand?
-Um...

"Um" is not an answer.

[Narrator]
This is Judy Justice.

[♪ dramatic music]

[Narrator] Kanisha Taylor is suing
wedding planner Carlos Sanchez

for a deposit on wedding services.

[Kevin] Court, come to order.
All rise.

[Judy] Be seated, please.

Hello, Judge.

Case 10-60,
Taylor versus Sanchez.

-Thank you.
-You're welcome.

Miss Taylor, I assume
that this is your husband.

[Kanisha] It is my husband.

[Judy] And you're recently married.
When were you married?

We were actually married
October of 2019.

That must have been a small party.

Yeah, we actually got married
at the courthouse.

[Judy] But at some point,
you were planning a larger wedding.

-Right.
-[Judy] And in contemplation

of that larger wedding,

you hired Mr. Sanchez
to be your wedding planner?

Décor.

-[Judy] Wedding decor planner?
-Yes.

[Judy] And this case is about
the return of your deposit

that you paid to him

because the wedding was
cancelled because of COVID.

Yes, ma'am.

[Judy]
Okay, that's your general claim.

But it gets a little more
complicated than that.

When was your wedding
originally planned?

It was originally planned
for September 19th of 2020.

[Judy] Where was it
supposed to take place?

In Downey at
the-the Rio Hondo Golf Course.

How many people were you having?

One-fifty.

[Judy] And how much was the venue?

Thirteen and some change.

-Thirteen...?
-[Kanisha] Thousand, sorry.

[Judy] In what month
did you secure the venue?

Maybe December to January
of 2019 or 2020.

Fine. Let's say January of 2020.

And when did you locate
Mr. Sanchez?

[Kanisha] In January.

[Judy] Same time
as you located the venue?

Yes, ma'am.

[Judy]
Did you sign a contract with him?

We did.

-Okay, I'd like to take a look at it.
-Okay.

[Judy] Well, this says,
terms of the contract...

décor, rentals,
chocolate fountain, food.

-No.
-It says client will have food tasting

to pick out and confirm
the food for the event.

Food service will include...

I think that's just
his general standard contract,

but all we had was
the decor and rentals.

The food and everything was
coming from the venue itself.

[Judy] Well,
then I don't know what this is.

Contract must be paid in full
within 30 days before the event.

For every week that passes
without final payment,

there's a $100 fee.

[Judy] I don't know
what you signed here.

There's no price!

[Kanisha] Keep going.

On the other few pages behind it,

you'll see the breakdown of
all the flowers and the rentals.

At the bottom of the page,

you'll see where the deposit was paid,
and the balance.

Actually, it's a ridiculous
contract... [laughs]

...because if you're referring
to an annex document,

this doesn't say anything.

-This calls for a deposit.
-[Carlos] May I?

What?

[Carlos] It's in the first page,
and the one in the last...

in the back is the first page.

And then is the second page.

And the-the other one
is the last page.

Show me the contract, sir.

Show me your copy of the contract.

This has how it has to be, yeah.

Okay.
It's still a ridiculous contract.

I mean, it's just the-the way
it's phrased is ridiculous,

it's not filled out.
Do you understand?

The total deposit, it's blank.

Do you understand what I'm saying?

So, this is your... D'Angelus Events.
Is that you?

-D'Angelus Events, yes.
-[Judy] All right.

Well, what I'm telling you is,
this has to be filled out.

It's because we do... I'm sorry,
it's because we do a lot of service,

and she only asked for
the flowers and for our décor.

[Judy] Just a second.

There has to be,
in a contract that she signed,

I'm just telling you for future reference,

have the blank spaces filled in,
the total charge,

the amount of deposit,
that should be in this contract.

What's signed is sort of in blank.
Do you understand?

-Yes.
-[Judy] All right. Fine.

So, you hired him in January of 2020.

This event was supposed to be
September of 2020.

That's eight months later.

Between January of 2020
and September of 2020,

did you meet with the defendant?

[Kanisha] We did.
We initially go...

Okay, go ahead.

Tell me the dates
that you met with him.

So, the first meeting was January 10th,

when we signed
the actual contract, uh...

[Judy]
Where did you meet with him?

-[Kanisha] He came to our home.
-[Judy] Okay.

We signed the contract that day.

[Judy] Okay.
But you had contacted him

the beginning of January
when you first took the hall.

-Yes, ma'am.
-[Judy] Took the venue.

And then you said,
well, come to the house,

we'll discuss exactly
what you're going to do.

-[Judy] He did.
-Mm-mm.

[Judy] Did he show you
any photographs? Any pictures?

-He did, um...
-Okay, so that took a while.

How long was he there?

He was at the house and ma...
no more than two hours

-for the initial meeting.
-[Judy] Well, just a second.

He was there for two hours,
and you must have been satisfied

because you signed this contract.

-Yes, ma'am.
-[Judy] And that was January 10th.

When was the next time
you saw him?

-[Kanisha] I-I don't know.
-When was the next time

you were there, Mr. Sanchez,

or the next time
you saw the plaintiff?

After I went to her house,
we went to the venue.

It was February 25th.

-[Judy] You went to the venue with her?
-Yes.

Okay. What did you do at the venue?

So, when we went to the venue,

we showed him the outdoor space
and kind of our vision,

and we talked through it,
and just talked about options

and placement of flowers,

and just different options
of draping and whatnot.

And about how long did that take?

Maybe about an hour as well.

-It was more.
-[Judy] Did you see him again?

We saw him, or I saw him,
I went alone

on February 28th,
to do a mock setup.

[Judy] Okay,
and what did you do then?

Can I backtrack before then?

So, we were initially going
to get married in September.

I contacted him literally two weeks

after signing the contract
to push the wedding up to March

because my dad
was diagnosed with cancer,

and we wanted to do it
sooner rather than later.

-You wanted to do it six months earlier?
-Yes, ma'am.

[♪ dramatic music]

You think you're entitled
to $4,000 back?

Well, what about all the time
he spent with you?

I understand that time is...

[Judy] Just a second,
I'm-I'm just asking you.

He spent five to six hours with you.

Mm-mm.

Is he not entitled
to be compensated for that?

[♪ dramatic music]

[Narrator] Kanisha Taylor claims
wedding planner Carlos Sanchez

wrongfully kept her deposit
after a mandatory lockdown.

[Judy] Okay, and venue was free?

-Venue was free.
-[Judy] And he was free?

-He was free.
-So that you had to get moving faster?

Yes, ma'am.

[Judy] Okay, so now
you contacted him...

that I read and that I understood.

So, you contacted him again,
and things started to move

-a little more quickly.
-Right.

Because now we have less time.

-[Kanisha] Right.
-[Judy] And you met him again.

-So, the last time I actually saw him...
-[Judy] February.

...was February 28th...

-[Judy] Okay.
-...when he did the mock setup.

Okay. And did he show you
several different designs?

[Kanisha] We did.

[Judy] How many different
designs did he show you?

[Kanisha] There was two
actual tables that he set up,

that he showed,
and then in his showroom

was the different,
um, options that he had for...

[Judy] Wait, just a second,
did you go to his showroom?

I was at his showroom.

Did you go to the venue?

[Kanisha] Not that day.

We went to the venue once
where we talked about,

-you know, looking at the theme.
- [Judy] But this time,

-you went out to him.
-Out to him.

And he set up two tables
with two different options,

consistent with
what your initial discussion

-was at the venue?
-Right.

Okay.
And you selected one?

[Kanisha] Right.

And that's when I gave him
the second deposit

of $3,000 on that day.

[Judy] Okay, so the first
deposit was $1,000.

Yes.

-[Judy] Second deposit was $3,000?
-Yes.

In total, you gave him $4,000,
which is what you're suing for?

Yes, ma'am.

Okay, and you think you're entitled
to $4,000 back?

I think I'm entitled to 4,000

less the setup fee that he incurred,

the actual fees that he incurred.

That's what I was asking for.

Well, what about all the time
he spent with you?

I understand that time...

[Judy] Just a second,
I'm-I'm just asking you.

He spent with you probably
at least five to six hours.

-[Kanisha] Okay.
-[Judy] In total,

not including the setup fee

that he did independently
when you weren't there.

He spent five to six hours with you.

-Mm-mm.
-[Judy] And your husband.

Is he not entitled to be
compensated for that?

-I will say yes.
-[Judy] Oh, yes.

But my question would be, like,
again, it's not in the contract.

I feel like he just kind of
pulled a number out of the sky,

just like he pulled
a 500-dollar contract fee

out of the sky.
Like that was nowhere discussed,

that was just kind of something he...

It's not discussed
because nobody anticipated...

-[Kanisha] Right.
-that if you were supposed

to be married in mid-March.

Or late March, but yeah.

Late March, and on March 15th,

the state was shut down,
and you couldn't have a wedding.

-Mm-mm.
-[Judy] The venue itself

hadn't done anything for you,
other than hold the date.

And the tasting, we did a tasting
with the venue as well.

-But yeah.
-You did a tasting?

-[Kanisha] With the venue.
-Did they charge you for that?

They did not.

[Judy] Did they give you back
your full deposit?

Yes, ma'am.

[Judy] That was very nice of them.

Did you have
a wedding there ultimately?

We did not.

[Judy] Okay.
It was very nice of them.

They did a tasting. It's a big operation,

but there's certain amount of work

that he performed, you know.

How do I explain this to you?

If you go to see a dentist,

and the dentist is performing
a whole procedure to put in a crown.

In order to do that,
there are procedures.

They have to first sometimes do...

a root canal, then they may
have to shave down a tooth.

And, let's say, the patient dies before...

[laughs] ...they can get the crown put in.

Does that mean that
the dentist doesn't get paid

for all the work that they did?

No, absolutely not. They'll bill.

-[Judy] Okay.
-I get it.

-So, he did work.
-Mm-mm.

[Judy] And what you want to do is,

you want to put a value
on his hourly time.

-[Judy] You're employed?
-I am.

[Judy] Are you paid by week,
every two weeks, by the hour?

I'm a salaried employee,
but I get paid every two weeks.

[Judy] Okay, and how much do you
make approximately per hour?

About 70 bucks an hour.

[Judy] And what kind of work
does your husband do?

[Kanisha]
He works for the oil refinery.

And is he a salaried
employee by weekly,

or is he by the hour?

He's hourly.

[Judy]
And what's his hourly wage?

He makes about


What much do you make an hour,
so you know exactly.

Forty-two.

[Judy] So, here you have
two people.

You make $70 an hour;
he makes 42.

[Judy] There are lawyers who charge
$600 an hour for their work.

[Kanisha] Mm-mm.

And there are lawyers who charge
$1,500 for their work.

-[Judy] They're both lawyers.
-Mm-mm.

You're allowed to set a rate.

Once this contract
is no longer in existence,

and there's an impossibility
in this case,

it's not your fault or his fault.

It became an issue of
impossibility of performance.

-Mm-mm.
-[Judy] And then, it's up to us

to try to find a reasonable...

since it's impossible
for either one of you

to perform ultimately the contract,

he's entitled to be paid for the work

that he actually did for you.

That seems only reasonable and fair,

and that would come under
a theory of Quantum Meruit.

-How much is it worth?
-[Kanisha] Mm-mm.

[Judy] So, how much did he
offer you as a refund?

Two thousand,
nine hundred forty dollars.

[Judy]
Is what he gave you back?

No, he gave me nothing back.

This is what he offered me
in the form of a "coupon."

[Judy] Just a second.

He offered you $2,940 back,

which means that he was charging you

a thousand dollars, in effect,

for all the hours that he spent
and the work that he did.

Not necessarily,
it was a breakdown.

So, the-the deduction
was 500-dollar contract fee

that he implemented.

It was four hours of his time,
times $70 per hour.

And then for the actual setup,
it was $280

that he was actually out of pocket

for the setup that he did on the 28th.

And so the 2,940, again,

wasn't even in the form of a refund.

He said these were "coupons"
that could be used

back in his business
at three different times.

If he offered you 2,940,

that would seem to be
a reasonable figure,

if he offered you 2,940 back in cash,

-because you paid him in check.
-Right.

[Judy]
Do you understand that, sir?

That would seem
to be reasonable.

-I understand.
-[Judy] Okay.

[♪ dramatic music]

Where are the contracts
with the table companies,

the chair companies?

They are my tables.

Oh, then you're not entitled to that.

Um...

-"Um" is not an answer.
-[Carlos] No, no [laughs].

I want to know what else you did.

If you did something else, tell me.

[♪ dramatic music]

[♪ dramatic music]

[Narrator] Kanisha Taylor is accusing
wedding planner Carlos Sanchez

of keeping her deposit.

Carlos says Kanisha refused his offer
to reschedule the wedding.

If he offered you 2,940,

that would seem to be
a reasonable figure

if he offered you 2,940 back in cash
because you paid him in check.

-Right.
-Do you understand that, sir?

I understand.

I offer her a credit, a credit for...

[Judy] No, no,
we're not a credit.

You were out your time,

and whatever actual money
that you spent

setting up the tables
and showing her

what the venue might look like.
You're entitled to that.

But no one knows how long
COVID is going to impede

the ability of someone
to have indoor gatherings.

So, you are unable, by law,
to perform this contract.

-[Judy] Do you understand?
-Yes.

You're unable, by law,
to perform this contract.

She is unable to do her part

and pay you
to perform this contract.

So, in my judgment,

you are entitled to
a certain amount of compensation

for the work that you did.

The venue, with the exception
of giving them a tasting dinner,

did nothing.
It didn't buy food,

it didn't spend any time
with them

other than the initial
showing the venue

and the venue,
you signed the papers

and then you went for tasting,
and it opened itself up

so that he could come in and look
at the venue, which is nothing.

They were out no money,
they bought nothing,

they really didn't spend
a lot of time with you

other than they would
with any customer,

just as the first time
you spoke to him.

The second time
he came to your house

when you discussed things
that he spent two hours there,

he's entitled
to be compensated for that.

And you're compensated
at the rate of

-Seventy dollars an hour, right?
-Yes, ma'am.

[Judy] So, let's say,
he's entitled to be compensated

the same as you are.
Reasonable?

Six times seven is $420.

So, he says,
but he said four hours.

In the initial one,
he said he only spent

four hours with me,
and that was in his reply to me.

I'd like to see it.

Even you said he spent
five hours with you.

Yeah, it was a rough guess.

[Judy] Well,
what I'm telling you,

-you said you spent five.
-Right.

Okay.

So, you made flower samples?

-[Carlos] Yes.
-[Judy] Representatives' time,

$70 an hour.

Look at that.
Times four is 280.

And the flowers were 190.

And you want to tell me what
"company contract" means of $500?

All that paperwork.

Obviously reserve the tables,
the letters and also the flowers.

[Judy] First show me.

Just show me. You already
have the flowers down here.

-Yes.
-[Judy] As 190.

You're getting credit for that.

-So far, we're to 470.
-[Carlos] And...

I'd like to see what you did to reserve...

Where are the contracts
with the table companies,

the chair companies?

They are my tables.

[Judy] Oh, then you're
not entitled to that.

No, no, bah, okay.
Can I... can I say something?

Yeah.

Okay, when she cancelled
it because for COVID, it wasn't...

[Judy] No, she didn't cancel it
because of COVID.

The contract that you rendered
was unenforceable by law.

It was unenforceable.

Based upon her figure,

it was a little bit more than
four hours

that you spent with her,

but you're not entitled to
making a contract with yourself.

I mean, if you engaged
in contract negotiations

with other vendors for
chairs or anything else,

I would consider that,
but so far, you didn't.

So, the contract
was unenforceable.

And based upon your own statement to her,

the time that you spent
was four hours.

You're entitled to that, at $70 an hour,
which is exactly what you earn,

and the flowers that,
put together, were $190.

So, that together is $470.

And, therefore,
you should return to her $3,630.

Um...

-[Judy] "Um" is not an answer.
-No, no. [laughs]

I want to know what else you did.

If you did something else, tell me.

We make sure
that tables and the layers

that she wants for her table
and also...

Those are your things,
you said to me.

That's your property.

But we then sell it to another person
because we already have...

[Judy] You couldn't sell,
you couldn't sell it,

you couldn't... you couldn't
sell it or rent it to another person

because everything else
was closed after March.

Everything else was closed.

You couldn't rent them
to anybody else.

-[Carlos] Of course not.
-[Judy] Of course not.

Okay.
The cancellation of these events

wrought havoc
on the venue business

for well over a year,
probably still is.

As I said, you're entitled
to be compensated.

And I certainly would not
give her back her $4,000

because that would sort of be
like her missing a week's pay

if they close the plant
where she was working,

and she would say, well, I was here,
I'm ready to do my job.

And the plant would say,
listen, this is COVID.

But I actually
came to work every day.

I drove there every day,
I did work from home,

I expended time.

She would want to be paid,
you're entitled to be paid.

But by your own analysis, what
you're entitled to be paid was $370.

And so, she gets her deposit back,
less that $370.

-Thank you. We're finished.
-Thank you.

[Kevin] Court is adjourned.

[♪ dramatic music]

I'm happy. I-I-I agree with her.

I think it was very fair.

I don't think it's fair.

Uh, everything with the COVID,
like our company,

it was very difficult and...

I tried.
I sent texts, I sent emails,

um, I had a lawyer
send a demand letter

to try and resolve it
before we got here,

um, to no resolve.

But I'm happy.

To give back money right now
is very difficult for our company,

and obviously myself.

Time to live happily ever after now.

I'm going to change
that contract to be more clear.

So, although it wasn't my
best class in all of law school,

one thing I do remember
from contracts

is the importance
of a force majeure clause,

where it allocates, uh,
the risk of loss

if something unexpected happens
at no fault of either party.

And in this case,
they really could have benefited

from a clause such as that
because they could have stated

who was going to pay,
what the refund was going to be,

how much she was
compensated for time

if the wedding
did not end up happening.

So, I think that it's important
that you really

review your contracts
before signing them.

Yeah. [laughs]
I-I agree with you.

I didn't actually think of force majeure,
but that's exactly what it is.

It's a major force
that pre... precludes

either party from performing
the terms of the contract,

and defining what their
responsibility is, if any,

if something prevents
the contract from going forward.

Interesting.

[♪ dramatic music]

[Narrator]
Have you been cheated?



[♪ dramatic music]

[♪ music fades out]