Hostiles legal opinion
Moderator: Do_Checkor
Hostiles legal opinion
Posted Thu Apr 22, 2004 12:25 am
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Fritz says
Actually I am right. He said he laid down a non-refundable DEPOSIT. That is quite different than actually renting something. Of course contracts may have crazy things written in them. However, the letter and spirit of the law are pretty clear. Was there a contract? Daniel said himself they didn't tell him anything about an electrician report. Besides, they have to have some sort of actual known limit of how many people it can hancle.
I would say that you should have the event for that many people since I know a bunch of us have paid. Otherwise, they should give you the deposit back and we should get our money back......or switch venues like Chris said.
Fritz
Need to check into California civil law. You are required by most reputable venues to post a non refundable deposit for a specific date and use. If acceppted then your on the hook. Unfortunatly Dan is between a rock and a hard spot. The venue is there for the renters purpose{ now if they rented it out} you would have a cause of action.
I am somewhat surprized though, that any place like this would not have more then ample panel power to run 50 or so puters. There not known to be be line burners. Anyways Dan I know this has to be a downer for you and my heart goes out to you for you effort
Bob G
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Fritz says
Actually I am right. He said he laid down a non-refundable DEPOSIT. That is quite different than actually renting something. Of course contracts may have crazy things written in them. However, the letter and spirit of the law are pretty clear. Was there a contract? Daniel said himself they didn't tell him anything about an electrician report. Besides, they have to have some sort of actual known limit of how many people it can hancle.
I would say that you should have the event for that many people since I know a bunch of us have paid. Otherwise, they should give you the deposit back and we should get our money back......or switch venues like Chris said.
Fritz
Need to check into California civil law. You are required by most reputable venues to post a non refundable deposit for a specific date and use. If acceppted then your on the hook. Unfortunatly Dan is between a rock and a hard spot. The venue is there for the renters purpose{ now if they rented it out} you would have a cause of action.
I am somewhat surprized though, that any place like this would not have more then ample panel power to run 50 or so puters. There not known to be be line burners. Anyways Dan I know this has to be a downer for you and my heart goes out to you for you effort
Bob G
I'm quite certain he didn't go to the place and tell this woman that we were having a slumber party. Was it a secret to the people he was renting from that we weren't going to be bringing all of our computers there, which requires lots of power. If they agreed to provide a place, and now that place is not suitable on their end, it doesn't matter if they rented it to someone else or not. They backed out or failed to provide the proper service that the deposit was made for in good faith.
I know capitalism is about screwing your buddy for a buck, but there are also the legal ramifications of bad business practices, not to mention a little thing called business "goodwill." This venue is a hard building that is not going anywhere, not a guy selling meat off the back of a truck who can just move to another neighborhood. You can't stay in business for long pulling crap like this. This event wasn't for another 2 months so even if the veune thought it was our problem, they are not being stiffed at the last minute. These reasons are why I think it will be pretty easy to get the money back.
However, the problem here may be that I don't have all the facts. He had to have told her what we were going to do there either way. If that is the case, they are the ones breeching the "contract," not us, hence refund.
I know capitalism is about screwing your buddy for a buck, but there are also the legal ramifications of bad business practices, not to mention a little thing called business "goodwill." This venue is a hard building that is not going anywhere, not a guy selling meat off the back of a truck who can just move to another neighborhood. You can't stay in business for long pulling crap like this. This event wasn't for another 2 months so even if the veune thought it was our problem, they are not being stiffed at the last minute. These reasons are why I think it will be pretty easy to get the money back.
However, the problem here may be that I don't have all the facts. He had to have told her what we were going to do there either way. If that is the case, they are the ones breeching the "contract," not us, hence refund.
Dear Fritz
Need to get the facts and get a little book called the code of Civil law in the State of California. All the hyberoila you so eloquently displayed for us. Really mean's nothing other then you wish , that you knew more about how renting a venue in the State of california actually entails. All the good will and ect,ect,ect and they should have know is pretty lame legalwise anyways. I certainly agree, that it is not a fair thing to do, but this in not about being fair it is about understanding any contractual matter you sign your name too. I am extremely sorry to hear about this for all those , that are going to be disappointed over this oversight
Bob G
Bob G
Fritz
Sure the hell do Fritz as all A license holders from any state have to have and better know what the hell is in them. Look it is very simple just call the CCB in california and they will explain it all to you in understandable terms.Like I said i would have never even responed to your post except i know your off base about what Dans remedies are Fritz. Otherwise I just feel bad for dan and hope he has some way not to suffer a loss from this as well as anybody else that put down there bux and now find there screwed
Actually Krom I wish Dan all and any remedies to which he can make himself avalable to him. I am not sure what the snide remark is but if you wish to explain that to me . I am all earsKrom wrote:So in other words Gonzo, you are saying that Dan should just tell them to keep the damn deposit and buy a f$%king clue with it?
BobG
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