This very much sounds like an investment fraud. Allow me to explainCauses of Action
To sue in state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
Here, this is arguably breach of contract
“It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract
, breach of the contract, and resulting damages.” Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004)
The nine elements of common law fraud are: (1) a representation
; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted upon by and in the manner reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance on the truth; (8) his right to rely thereon; and (9) his consequent and proximate injury. Nielson v. Flashberg, 101 Ariz. 335, 419 P.2d 514 (1966).Where to Sue
States may have concurrent jurisdiction. The question is, where to file suit? Both AZ and CA cast wide nets for their long-arm jurisdictions, essentially stating that if the Defendant did business in the state, the state has jurisdiction. This allows the Plaintiff (i.e. you) to pick the state. One may wish to pick AZ to make it harder for the to practically defend themselves. Once/if a judgment is reached in AZ, it may be domesticated in CA for enforcement, if necessary.
May I recommend the AZ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Good luck.IMPORTANT
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