Woman’s English Lesson Fee Refunded : Lawyer, Client Speak One Language: Justice

When a recruiter sent by her driving instructor offered her the English course at Instituto Norteamericano, Maria Canales handed over a check for $320 with high hopes.

“I have always wanted to study English,” Canales, who has been in the United States since 1974, said in Spanish, “and this seemed like a good opportunity.

“But it wasn’t.”

When she reported for classes, Canales was told she could not have any instruction until she paid an additional $476.

Canales assumed that her $320 check had paid for her course in full.

The course actually cost only $199 per person, but the school claimed that she had enrolled herself and her “three employees.” The school director argued that Canales’ $320 only covered the $80 enrollment charge for the four.

Out-of-Work Seamstress

The out-of-work seamstress, who lives near the garment district with her 9-year-old daughter, had no employees and did not even know the three other people who had signed up for the course at the same time she did, paying cash.

“Thanks to God, what helped me was the check. The other three could not have a way to prove the money they gave,” said Canales in an interview translated by Public Counsel paralegal Edgardo Quintanilla.

Canales’ confrontations with the school’s director failed to produce either her money or instruction in English, but she refused to give up. Living on the Aid to Families with Dependent Children checks she receives for her daughter, she could not afford to hire an attorney. She sought help from the Legal Aid Society of Los Angeles.

Volunteer Lawyers

Legal Aid, which declines consumer cases because of limited resources, referred her to Public Counsel, the organization sponsored by the Los Angeles County and Beverly Hills Bar associations to match needy clients with volunteer lawyers offering pro bono services.

Thomas Atha, a Sherman Oaks lawyer who concentrates on family and business law, was asked to take Canales’ case.

“I get a professional satisfaction out of helping people. That was part of my becoming an attorney in the first place,” Atha said. “This case was gratifying because Maria could not afford to lose any money at all.”

The non-Spanish-speaking lawyer and the non-English-speaking client conferred at Public Counsel offices four times, with either a friend or a Public Counsel employee translating. When Atha needed to call Canales, who has no phone, he reached her through an English-speaking neighbor.

“Thanks to God,” Canales said, “there were people who helped me to be in contact with him.”

Filed Civil Suit

Atha filed a civil suit in Los Angeles Municipal Court against the school’s owner and parent company, Albert Arenas and Arenas International Corp., and the recruiter, Morelia Ponce. The suit alleged that Canales was the victim of fraud and deceit and sought the refund of the $320, plus $10,000 in punitive damages.

Arenas and Ponce denied misleading Canales, claiming in court papers that Canales remained enrolled and had duly received her “ certificado de matricula “ after paying $80 for herself and “her three employees.” The remaining $70 for course materials and $49 final payment remained due on the contract for the four people, they claimed.

Atha was able to settle the case out of court with the school agreeing to refund the $320. Canales chose to accept that, declining to pursue the fraud complaint.

“When Mr. Atha told me that the institute was willing to pay the money and asked whether I wanted it, I felt happy and said yes,” Canales said through the translator. “I felt great because I was able to pay three months’ back rent that I owed.”