Thank you. No need to incorporate just for this.CAUSE OF ACTION
To sue in a 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.
This may be cause for defamation
and possibly interference with prospective economic advantage
The elements of a defamation claim are:
publication of a statement of fact that is false, unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. Cal. Civ. Code §§ 44, 45a, and 46.
Defamation PER SE is a type of special defamation where the falsity hurts one's business. Cal. Civ. Code § 45a; Yow v. National Enquirer, Inc. 550 F.Supp.2d 1179, 1183 (E.D. Cal. 2008)
. If you can show defamation per se, damages are ASSUMED and do not have to be proven, making the claim easier.
INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE
These elements are usually stated as follows: (1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentional acts on the part of the defendant designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic harm to the plaintiff proximately caused by the acts of the defendant. Westside Center Associates v. Safeway Stores 23, Inc. (1996) 42 Cal.App.4th 507, 521-522, 49 Cal. Rptr.2d 793.
Do not worry, the Court does not expect you to be like a lawyer in Court. The Court expects individuals to explain their complaint and then in small claims, the Judge usually helps to 'develop' the case and put into into a legal perspective, and then renders a decision.
The suit begins with a COMPLAINT which is filed with the Court. Then other side then is served, they file an Answer, and down the line, trial is held where both sides get to argue their case.HOW TO FILE
The step by step information on how to file a small claims court in Santa Cruz may be found here
. Specifically, please review Read Information for the Small Claims Plaintiff Form SC-100-INFO
There is even a Small Claims Advisor attorney who may be reached at(NNN) NNN-NNNN
Finally, I am providing you with a SAMPLE COMPLAINT link - here
. One can simply take out the cause of action in the same (fraud) and put in defamation and interference as described above.
I hope this helps and clarifies. I have tried to include everything, but, if there is anything you specifically wish to know about that is not mentioned, please use the REPLY button to ask me. Best of luck!
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