Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation.This just doesn't seem right. Can they do this?
No, they cannot. What they have done here is a breach of contract
.Should an International School by law not have some kind of Fund/insurance in the event of something like this happening?
Unfortunately not. There is no requirement for a private school in California (international or not) to have insurance for such occasions.Please help, what should I do??
Someone in your situations has two possibilities:
1) File a complaint with the California Attorney General
. The California Attorney General may investigate and may act on your behalf against the company, demanding that you be repaid or threatening legal action. However, this may take months to develop;
2) Pursue them privately in 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. Here, you arguably have a case for breach of contract
. The essential elements of such a cause of action: (1) the contract
, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff. Reichert v. General Ins. Co. of America, 68 Cal.2d 822, 830, 69 Cal.Rptr. 321, 325, 442 P.2d377, 381 (Cal. 1968)
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. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
I hope this helps and clarifies. Best of luck.
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