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Yes, you should easily prevail in a small claim court case because they are clearly in breach of contract. But, I would suggest you raise the stakes on them. Amend your filed complaint to include causes of action for fraud and deceptive trade practices. These additional causes of action will entitle you not only to get your money refunded,, but also entitle you to an additional amount equal to multiple times your actual damages as punitive damages. In my experience, these additional causes of action will cause them to refund your money prior to the hearing to avoid the risk of punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
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