Leyla vs Commco – Decision

Commco was represented solely by an attorney. She had no witnesses. She said that she was the “defendant in person” before me, but confirmed that she was appearing as its attorney only and would not testify on the facts of the case, as she lacked any personal knowledge, and would instead rely solely on the contract that was signed by the parties.

I said that without any witness to oppose Leyla’s testimony, Commco could not contest Leyla’s claim regarding the equipment and the service contract.

Parties to Small Claims arbitration, like every court proceeding, can be represented by an attorney. However, the attorney cannot testify in the case unless he or she has personal knowledge of the facts.

I stated that the attorney was not able with the invoice alone to contest Leyla’s testimony that she never intended to cancel the contract and that the attorney could not rely solely on the contract provision dealing with premature cancellation.

I found that Leyla’s testimony was believable and was not opposed by Commco. I awarded her $1,500, based on her testimony regarding intermittently poor telephone service, and dismissed Commco’s counterclaim, as they failed to prove that Leyla prematurely terminated the contract.

Do you agree?

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3 thoughts on “Leyla vs Commco – Decision

  1. I agree with your decision.
    Imagine an attorney showed up but has no personal knowledge of the case. what a waste of time and money. So much for relying solely on the contract! you lost the case Einstein!
    I don’t feel Leyla cancelled her service/contract, she requested to transfer her service to a different location.

  2. Commco should have initially reviewed her needs before installing a “too sophisticated” system. There is no excuse for poor service although I would gave requested to see if here was a Service Level Agreement for dropped or misdirected calls and downtime. Under the circumstances I believe $1500 was a fair assessment.

    • The contract included the services to be rendered by Commco. However, the contract alone did not disprove Leyla’s testimony regarding Commco’s breach of contract.

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