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What is the best recourse for return of artwork/back pay/ breach of contract?
Venice, CA
Viewed 33 times.
Posted 6 months ago in Contracts / Agreements
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My fiance had an contract with a woman who owned a boutique in West Hollywood. He had his artwork hung on the walls inside of the store, wth the agreement that she would help him sell it. She closed the store without any prior notice, did not return his artwork, and didn't contact him. His contact information never changed. Meanwhile, he/I have been unsuccessful in reaching her. She also owes him about $700.00 in back pay that she stated she would 'make good' on. The artwork is valued at approximately $10,000., however, we would be willing to settie for $7500 total. The return of the artwork is paramount, as it is intangible. What would be the best way to proceed?
Answers (2)
Pamela Koslyn
This attorney is licensed in California.
Posted 6 months ago.
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If you have a way to contact her to serve her, sue in Small Claims for "conversion" (civil theft) of the irreplaceable artwork. Since the maximum you can sue for is $7,500, it's good that that's the amount you're willing to settle for, as you'd have to waive the back pay claim.
Please see the link below for Small Claims info - you can even e-file your claim. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 
Daniel Nathan Ballard
This attorney is licensed in California.
Posted 6 months ago.
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This situation occurs quite often. Often, when the gallery goes out of business its creditors seize the consigned art as payment for the gallery's debts. In some states the artist has no practical recourse unless he or she filed a UCC -1 statement at the time the art was consigned (which makes the artist a secured creditor having the right to retake possession of the art). Absent the filing of that statement, the art (typically) goes to whichever creditor is first in line to recover from the gallery.
In California, however, artists are protected by a law that essentially states that consigned art is not subject to seizure by a gallery's creditors. See < http://bit.ly/NLDkY >. In your situation, there's a decent likelihood that the gallery owner is no longer in possession of your painting. If you do file a lawsuit, therefore, you should cite at least these sections of law and also list as defendants Does One - Three (representing the present possessors of the painting). It is best, of course, to have an attorney either file the lawsuit for you or help you file the small claims action (attorneys are not permitted represent clients in a California small claims court). You should also register the copyright in the painting with the Copyright Office. Visit < copyright.gov > to learn how. Good luck. |
