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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87077
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My parents run a textile print factory. Recently, the salesman

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My parents run a textile print factory. Recently, the salesman turned the employees against us, who all quit simultaneously. The printman messed with our sublimation printing machine before he left so it doesn't work and we are unable to print sublimation. The designer took our books full of designs over a course of ten years, designs that weren't even created by him. Our CTP machine, which had been working fine until then, also mysteriously stopped working and we had to hire a technician to come and fix it. There was a cut wire inside and the password XXXXX the computer servers had been changed. They all left to work at the salesman's new factory. What course of legal action can we take against these people?
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
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 delay between your follow ups and my replies.

I am very sorry for your situation. How malicious. It never surprises me how malicious people can be.

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 because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may qualify for the following:

1) Trespass to Chattel. Trespass to chattel lies where an intentional interference with the possession of personal property has proximately caused injury. Thrifty-Tel, Inc. v. Bezenek, 46 Cal. App. 4th 1559 - Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 1996.

2) Tortious interference with actual/prospective business. This is when their actions are meant to hurt current/future business. Della Penna v. Toyota Motor Sales, USA, Inc., 902 P. 2d 740 - Cal: Supreme Court 1995 (general overview).

Punitive damages may also be requested aside from actual damages in loss of business and to fix the items.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 9 months ago.

What are some ways we could provide proof for the two causes of action?

Expert:  Ely replied 9 months ago.
K,

This becomes subjective and is on a case by case basis. In the end, if there is any evidence at all such as surveillance footage (it may be introduced) or witnesses, they can testify. This will help. If not, then it is your word against theirs and whoever can be most convincing wins. The onus would be on the company to prove the case by a preponderance of the evidence, which is 51% or over. This becomes very subjective.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.

So would the receipt from the technician with the diagnostic of the CTP machine count as evidence that can be used? The network password XXXXX been changed so that although the CTP machine had been fixed, the technician had been unable to connect the computers to the machine. The only person who handled the computers had been the printman's assistant. We unfortunately do not have any surveillance footage of them.

Expert:  Ely replied 9 months ago.
Kris,

So would the receipt from the technician with the diagnostic of the CTP machine count as evidence that can be used?

Yes. This would be helpful and may work as compelling evidence, of course in the end, it depends on the Judge/Jury.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87077
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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