Do I have the grounds to file (and win) a Small Claims Lawsuit?

Question

Hi Lawyers (& Anyone Who Answers),

I have a small talent agency, and one of my clients booked a temporary (non-permanent) tattoo artist (t.t.a.) from me. Long story short is that the t.t.a. canceled at the last minute and for a very questionable reason. As the talent agent, I would have earned $100.00 had she showed up, performed the work I hired her to do, etc.. She left the teenagers and some adults at my client's event without the t.t.a. they contracted for. She has been the least bit remorsefull of her actions (or lack thereof), and as such, I am strongly considering filing a lawsuit against her so that she is held responsible. Do I have the ground for a (successful) lawsuit? If so, why? If not, why not? If so, should I sue the t.t.a. for the $100.00 I would have 'netted,' or for the entire (gross) amount my client would have paid me (t.t.a.'s fee + my fee)?

Thanks in advance to those who take the time to consider and reply to my question.

Sincerely,
EndlessJoy

Hi Dawn,

Thank YOU so much for your response! Dealing with someone like her is NOT worth $100.00, but since her actions were so unreasonable, and since she hasn't in any way, shape, or form, tried to 'make it right' with either myself or my client, or otherwise taken responsibility for her actions, I might just go ahead with this. Incidentally, the Court Costs (Filing Fee and cost to serve ) would be added to the judgement (if I indeed prevail). Holding her responsible (and succeeding) via small claims court would indeed make this more than worthwhile for me.

EndlessJoy

Hi clefmeist,

Thank YOU for answering my question. We (the t.t.a and myself) had an agreement as to the 'What, Where, When, Why, How, and How Much,' but nothing more than that (and therefore no cancellation clause). However, I do have a recording of the voice-message she left for me at the 11th hour telling me that she's not going to do the job, etc.. In my opinion, she acted unreasonably and without any regards to the client's guests, the clients, as well as myself. Does this additional information change your original answer?

Sincerely,
EndlessJoy

P.S. Incidentally, I now understand that I should only sue her for $100.00 (the amount I would have earned after paying her fee).

Answer 1

Perhaps you shouldn't, although you have the grounds, because your man hour is supposedly worth more than $100.00, and these things are tricky sometimes and.. really a waste of time I feel. But seriously, everything's up to you! :)

best of luck!
:)

Answer 2

Let this be a learning experience for you. You should have a clause in your contract the covers the penalty to be paid by your client if they wrongfully cancel a booking. And as others have correctly noted, you can only sue for your list income/profit if you can prove there was a breach of the contract. If your clients sue you for some reason, make sure you counter sue against artist.

At the end of the day, you really need look at your motives for suing and what it might cost you. The time away from the office and the emotional drama of dealing with this lawsuit is not worth the hassle. Have an attorney revise your contracts and move on.

Answer 3

Did the contract provide any sort of cancellation clause? If the contractor violated every aspect of the contract, including any cancellation clause, and has not offered restitution, then I'd say you have a good case.

In no event, though, should you sue for more than you would have actually earned.

Answer 4

if you have her commitment in writing it should be a slam dunk case. however is the $100 worth it. there are filing charges and the time away from your job for the proceedings. you can include that lost money in the suit but you never know what will really happen and you could end up with that money lost too. It sounds to me like you are angry (with good cause) so I would step back after the anger lets up and make my decision then. hope this helps and good luck!!

Answer 5

You can only sue her for what you actually lost, not for prospective wages or earnings. If you paid rent for the place, bought necessary items, or anything at her request, or paid travel for people to get there, etc., all BEFORE she cancelled then yes you can collect in court provided you have evidence - receipts, etc.

Answer 6

you may well win your case in small claims. maybe go on judge judy?