Internet company (www.companiesinc.com), GCS, offers worldwide corp formation. In 2012 I paid to GCS $4K for setting up corp at Guernancy. However, they were unable to form corp at Guernancy b/c of some extra requirements they had not known themselves.
I kept money as a credit. That was understood by all parties. For example, later they set up Belize bank account for me ($4Kpaid -$500 for account = $3500 left). Next year (2013) they renewed my another company at Belize “using part of my credit” – in their own words. ($3500 new balance- 500 renewal fee= $3K left) I continued to keep money at their escrow account, b/c I was in hope to use their services in the future (I just launched advertisement campaign in RU offering services they provide).
Recently, I realized that b/c of economic slowdown it was less likely I could find customers for these services . On Dec15, 2015 I asked GCS to refund my money. They said they would check and ceased to answer my ph calls and emails.
If I go to Small Claim, My legal theory is analogy with attorney’s retainer: unearned fees must be returned. Can I use other arguments: unjust enrichment, conversion, ..else? Anything in CA Business Code?
You are unclear as to whether you are seeking just what is left or whether you are seeking the entire amount. Unjust enrichment is your best bet provided all of the statutes of limitations have not passed.
You have a lot of facts
Without knowing anything about GCS or Guernancy, etc. - you have to assess your ability to prove the case. Also, even if you obtain a small claims court judgment, will you be able to enforce and collect on it? Going to small claims court is but the first step in the process.
When you say "that was understood by all parties" - was that in writing? Do you have e-mails documenting such? It is your case to prove.
I would speak with a CA business attorney, however, be mindful that any money spent toward this matter may not be recovered.
Best of luck
You don't need a legal theory in small claims court. Your breach of contract is sufficient. Just explain why you've been wronged and stick to the facts--only the facts--both judges and lawyers hate it when laymen start asserting their unwavering knowledge of the law.
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