Thank you, A.
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.
This seems like a breach of contract
. "A cause of action for breach of contract requires pleading of a contract
, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom." McKell v. Washington Mut., Inc., 142 Cal. App.4th 1457, 1489, 49 Cal.Rptr.3d 227, 253 (Cal. Ct. App. 2006)
Such a matter would be filed in California's Superior Court. The issue is that this is a very complicated matter, especially for someone who is not IN California. It is virtually impossible to sue someone while in Bangladesh. You will need an attorney. 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 may 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. 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