does this case hold water?

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kaseykutie80

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a relitive of mine is being sued. It was a home repair job in a rental property owned by the plantiffs late mother who recently passed. the defendent is the plantiffs step-father. The repair was installing new tile in a rental. After the plantiffs mother suddenly passed on, the planiff suggested doing some kitchen floor repair. the defendent just loosing his wife not a month before agreed to repair the tile. there was no written or verbal agreement between them that suggested the defendent would conpensate the plantiff for the labor. the defendent paid for travel expences, materials, and other misc. cost. approx. 1 month after the job was completed the plantiff and the defendent were in a domestic dispute that resulted in them both being charged with mist. battery. the day after recieving a citation for the dispute, the plantiff who is on dissability for a back injury had her husband who was not even present or had any hand in the previous tile job, file a small claim against the defendent for reinberment for labor. the reason the plantiff is not suing on her own behalf is because it would be fraudulent for her to even have been doing the repair in the first place. and to top it off she is sueing for $3.000. after figuring out what the rate of pay for the job that was done the plantiff is suing for labor at the rate of $150.00 hr. we think she is suing maliciously. and is it even legal for her husband to file a claim for moneys owed when he was not even present??? help thank you so much. we reside in San bernardino county, california
 
I am not an attorney, yet this appears to be a no brainer...

1) Anyone can sue anyone else for any reason. It is up to the court to decide if the suit has merit or not.

2) It seems there was not a 'meeting of the mines', and therefor no agreement of terms or contract. The "Defendant" did derive benefit from the "Plaintiff's" work. Thus, I would imagine the Court would award a fair current market amount for the work performed. I'd be prepared to show the Court what the prevailing floor repair rate is, if indeed less than $150 per hour.
 
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