Legal Question in Legal Ethics in California

Re: suing for misrepresentation

Your case depends on what you agreed to with the first company. Was anything in writing? If the written representations did not match what they installed, then you can sue for breach of contract. If they misrepresented the quality or capability of the equipment but installed the equipment you bargained for, you can sue for fraud or negligent misrepresentation in the inducement. You would seek return of the money you invested with company 1, and return their equipment, and also obtain court fees and costs. If fraud, you might seek punitive damages. First, though, you should probably send a certified/return receipt letter offering to exchange the system for return of your funds (with them paying for shipping) to avoid the expense of litigation. Keep a copy of your letter as evidence you made such a demand. Good luck.