Facts

Plaintiff Zschaschel filed a complaint against defendant Together of San Fernando Valley for violation of Civil Code Section 1694 (dating services statute) and Business and Professions Code Section 17200.

The defendant is in the business of providing personal introductions to its members. On March 3, 2003, the plaintiff entered into a written contract with the defendant. Under the terms of the contract, the plaintiff purchased a membership in the defendant's introduction service and the defendant agreed to provide the plaintiff with sixteen (16) introductions.

The plaintiff alleged that on March 4, 2003, he sent a cancellation letter to the defendant via Federal Express, which the defendant disputed.

On March 8, 2003, the plaintiff returned to the defendant's office. The plaintiff testified that the defendant told the plaintiff they could not give refunds over the phone. The defendant argued that the plaintiff returned to the defendant's office to negotiate a better deal for himself.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that he cancelled the contract as permitted under the Dating Services Contract, and was entitled to his money back.

DEFENDANT'S CONTENTIONS:
The defendant argued that the plaintiff did not cancel the contract, and that even if he did, the plaintiff revoked the cancellation and ratified the contract by his subsequent conduct.

Settlement Discussions

The plaintiff rejected a pretrial $5001 C.C.P. Section 998 offer.

Result

The defendant's motion for nonsuit granted. The defendant was awarded $56,248 in attorney's fees.