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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can I sue a company in Arizona from Califonria to get my $5000.00

Customer Question

can I sue a company in Arizona from Califonria to get my $5000.00 invest back
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

The answer is probably yes. However, can you please tell me a little more about what happened so I can possibly provide some information on what is actionable here and how to go about doing this?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

I invested in a company in Phoenix, Arizona. The investment: incest $5000.00 . company converts business to their credit card company, which offers lower monthly fee then businesses present credit card company. We were given 4 of there present business and we would get a % of what is earned in credit card fees. We were also give 400 leads, that there sales persons to cold call. If cold call turns into new business i would get certain % of credit card fee. I received 3 checks, for 3 months, and have not received anything for the last 4 months. When I call I just get the run around, checks have been mailed, they will check into where checks are, and of course nothing happens

Expert:  Ely replied 4 years ago.
Thank you.

Apologies in advance for the momentary wait while I am typing out your answer...
Expert:  Ely replied 4 years ago.
Thank you.

This very much sounds like an investment fraud. Allow me to explain

Causes of Action
To sue in 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 is arguably breach of contract and/or fraud.

“It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract, breach of the contract, and resulting damages.” Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004)

The nine elements of common law fraud are: (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted upon by and in the manner reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance on the truth; (8) his right to rely thereon; and (9) his consequent and proximate injury. Nielson v. Flashberg, 101 Ariz. 335, 419 P.2d 514 (1966).

Where to Sue
States may have concurrent jurisdiction. The question is, where to file suit? Both AZ and CA cast wide nets for their long-arm jurisdictions, essentially stating that if the Defendant did business in the state, the state has jurisdiction. This allows the Plaintiff (i.e. you) to pick the state. One may wish to pick AZ to make it harder for the to practically defend themselves. Once/if a judgment is reached in AZ, it may be domesticated in CA for enforcement, if necessary.

May I recommend the AZ 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.

I hope this helps and clarifies. Good luck.

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