Legal Question in Civil Litigation in California

Hi. I sell leads for businessses and received an order worth $1,256.00. The president of the company's assistant emailed me to put in the order and the president was cc'd on all coorespondences between us. I laid out the pricing, it was agreed upon, and I delivered the order to a tee. A few days later, I submitted an invoice and was told , even though the leads were great, they are choosing not to pay. The general attitude was "I'm a lawyer so what are you going to do about it". He said his assistant had no authority to make that order even though he knew all about it. And the leads are sent and can't be returned. This was obviously a way to get free leads and it's a lot of money to me. I am in California and they are in Delaware. Do I have any legal recourse? Thank you.


Asked on 12/21/13, 12:02 am

3 Answers from Attorneys
Kristine Karila Law Office of Kristine S. Karila

You can sue in small claims court for breach of contract. Hopefully, you had them sign a well written contract.

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Answered on 12/21/13, 10:49 am
Armen Tashjian Law Offices of Armen M. Tashjian

You can sure in the small claims but only in the state where the defendant resides. In California small claims courts there is no jurisdiction over non California residents. If you want to sue in California you have to file it in the superior Court.

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Answered on 12/21/13, 11:23 am
Kelvin Green The Law Office of Kelvin Green

He was on all correspondence so he should not be able to say she was not authorized. Your option us to sue but unless you can show the company has minimum contacts with California, you may have to sue in Delaware. If you know he is a licensed attorney you can file a bar complaint. Unethical actions in a non legal setting may still cause for sanctions

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Answered on 12/21/13, 8:25 pm


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