Dr. Mark Stern Southern California Institute of Neurological Surgery Breach of Contract/Theft of Services Escondido CA

I entered into a contract with Dr. Mark Stern on December 13, 2018 for monthly marketing services. Our contract contains a provision for cancellation whereby either party can cancel with a 30 day notice, signed mutual release, and payment of remaining balance through 30day notice.

Dr. Stern stopped payment prior to the October 7th due date without notifying me and then sent cancellation notice on October 16th after I reached out inquiring about the overdue payment. I replied with the final balance owed of $1103.00 and the release for his signature, and he has thus far refused to sign to end the agreement or submit payment for overdue invoice, effectively leaving me having provided services for 45 days with no payment.

I sent 7 emails and 3 text messages about this matter over the last 2 weeks, and all were ignored but one, with him stating he was on call that day and wouldn't be in the office to sign or pay. I sent an online invoice so he could pay that way and then said he could scan and email signed release, so meeting me at the office wasn't necessary, and he had his secretary reply back simply stating, "He said he's not going to pay you."

As a licensed physician, I find this behavior appalling, as he would expect to be paid for services provided to his patients. A doctor that in effect steals services from his community and another small business owner is not only unprofessional, but unethical as well. I am also filing a suit in small claims court.