Thank you, K.
Someone in your situation may
have a cause of action here in civil court.
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.
Here, this may be actionable under the following:
UNJUST ENRICHMENT: The elements of an unjust enrichment claim are the "receipt of a benefit and [the] unjust retention of the benefit at the expense of another." Lectrodryer v. SeoulBank (2000) 77 Cal.App.4th 723, 726 [91 Cal.Rptr.2d 881].
MONEY HAD AND RECEIVED: closely related to unjust enrichment, this is a cause when money is held by someone that should in all equity be given back to you.
FRAUD: The elements of a cause of action for fraud are: (1) misrepresentation, including a misrepresentation of law, if such misrepresentation includes by implication a misrepresentation of fact; (2) knowledge that the representation
is false; (3) intent to defraud; (4) justifiable reliance; and (5) resulting damage. Schultz v. Harney, 27 Cal. App. 4th 1611 - Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. 1994
(internal citations omitted).
You may wish to retain counsel as quickly as possible to consider an action. May I recommend the CA 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.
There is a statute of limitations
that attaches, but it may be tolled if one can show that they did not reasonably become aware of the fraud until later on.
I hope this helps and clarifies. Best of luck.
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