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I need some help understanding. I sued just recently in small

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I need some help understanding. I...
I need some help understanding.
I sued just recently in small claim court a former salesperson who intentinally interferred with existing contract my compnany had with a customer he was a salesperson for construction remodeling. He left the company and when customer was finally ready to start the project he basically re-wrote existing contract under his father-in-law company. He even used the same workers who work with me and the same subcontractors.
The commissioner of the small claim court found that no money is due to my company.
As much as I think about it, this is absolutely wrong to rule something like that. Can you please explain why he did that and by doing so gave green light to anyone who wants to steal projects from a company? Thank you
He mentioned something that in the State Of California this is not being enforced. How come stealing is not being enforced?!
Submitted: 6 years ago.Category: Business Law
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5/3/2011
Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,094
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Under CA law,the tort of interference with prospective economic advantage include: "`(1) the existence of a prospective business relationship containing the probability of future economic rewards for plaintiff; (2) knowledge by defendant of the existence of the relationship; (3) intentional acts by defendant designed to disrupt the relationship; (4) actual causation; and, (5) damages to plaintiff proximately caused by defendant's conduct. '" Reeves v. Hanlon, 130 Cal.Rptr.2d 793, 106 Cal.App.4th 433 (Cal. App., 2003), citing PMC, Inc. v. Saban Entertainment, Inc., 45 Cal. App.4th at p. 595, 52 Cal.Rptr.2d 877.

Thus, what you need to do is you need to file an appeal of the denial of your claim with the district court. You will need an attorney though to proceed to the next court on appeal since a business needs an attorney in all but small claims court.


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Customer reply replied 6 years ago

Does my case answer all the questions? I would say so but after this court, I have zero trust in justice.

He was a salesperson on the first work we did which is kitchen remodeling for the customer. She wanted to remodel her 2 bathrooms and signed a contract with us but requested to postpone the start day for 6 months. Meanwhile the salesperson left the company for competition company in his Father-In-Law ownership. He re-wrote the contract under the new company and did the work with our workers and subcontractors that is how we knew about the work.

What is beyond my understanding is why the commissioner decided that this is legal to do something like that. This salesperson stole other projects but with this one we had a signed contract while with others we did not so we were absolutely sure that we will win the case.

it's not about the claimed $5000.00 but about pride and fear so they will not do it in the future. I guess mr. Commissioner did not think that any wrongdoing was done. The commissioner did not even listen to the case.

 

How can we appeal? Would you consider taking this case or rather agree with the commissioner? this is beyond my understanding.

Customer reply replied 6 years ago

Does my case answer all the questions? I would say so but after this court I have zero trust in justice!

 

He was a salesperson on the first work we did which is kitchen remodeling for the customer. She wanted to remodel her 2 bathrooms and signed a contract with us but requested to postpone the start day for 6 months. Meanwhile the salesperson left the company for Competition Company in his Father-In-Law ownership. He re-wrote the contract under the new company and did the work with our workers and subcontractors that is how we knew about the work.

What is beyond my understanding is why the commissioner decided that this is legal to do something like that. This salesperson stole other projects but with this one we had a signed contract while with others we did not so we were absolutely sure that we will win the case.

it's not about the claimed $5000.00 but about pride and fear so they will not do it in the future. I guess mr. Commissioner did not think that any wrongdoing was done. The commissioner did not even listen to the case.

 

How can we appeal? Would you consider taking this case or rather agree with the commissioner? this is beyond my understanding.

 

Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
I am sorry, we are prohibited from site rules from taking any cases from this site.

Commissioners in small claims court are just low level legal judges and more concerned with fast action than looking up the law. Do not lose faith. But you only have 10 days to file a notice of appeal to small claims and 30 days to file your appeal to the superior/district court so you need to do so fast. Also, you get a completely new trial there (trial de novo), just like the other case never was heard.
Law Educator, Esq.
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Customer reply replied 6 years ago

But is says that if I am plaintiff, I cannot appeal the decision and it is final. How can I file an appeal?

Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Since I am not privy to the case files and orders I have no idea why it would not allow you to appeal, since CA law says you have 30 days to appeal a small claims court judgment to superior court. The only thing I can think of is you agreed to some form of alternative dispute resolution that was binding.
Law Educator, Esq.
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Customer reply replied 6 years ago
Yes, it does not make sense but if you are plaintiff on small case court, you cannot appeal and the decision is final. What if I go to the supreme court, will it be considered as re-trial and the court can deny it?
Business Lawyer: Law Educator, Esq., Attorney replied 6 years ago
You need to get a local attorney to read the small claims case to determine why they claim no right of appeal first, since I am not in position to read it. However, your appeal right is to the superior court, not supreme court.
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