What is the name of your state? CA
My questions are as follows:
If the code does not mention a felony or misdemeanor, is it safe to assume I am the proper party. And, in civil court, should I mention any of the violations such as 7028 or which carry criminal penalties? I feel 7028 is relevant to my cause of civil fraud and misrepresentation in the contract case. There is also a vehicle code that deals with false documentation that I feel is relevant for the same reason, vehicle code 4463 (False Evidences and Uses of Documents, Licenses, Devices, Placards, or Plates) - to prove his fraudulent acts in contract formation and performance.
I'm filing a civil complaint for breach of K, however, defendant also violated several codes under Business and Practices codes. Some codes, such as 7028 specify a criminal violation, and state "A criminal complaint pursuant to this chapter may be brought by the Attorney General or by the district attorney. 7028 states (a) It is a misdemeanor for any person to engage in the Business or act in the capacity of a contractor within this state without having a license therefore, unless the person is particularly exempted from the provisions of this chapter.
Other codes relate, it appears, speak strictly to civil remedies such as 1770: (the following unfair methods of competition and unfair or deceptive acts in a transaction are unlawful...)..I can't determine from the language of the statute if "unlawful" means criminally or civilly. Code 1780 provides a civil remedy for violation of 1770 - (a) Any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared to be unlawful by Section 1770...goes on to provide for civil remedies.
Last, some codes to me, are not clear on who is the proper party - for example § 7110. Disregard or violation of statutes (Willful or deliberate disregard and violation of the building laws of the states), constitutes a cause for disciplinary action. My questions are as follows:
If the code does not mention a felony or misdemeanor, is it safe to assume I am the proper party. And, in civil court, should I mention any of the violations such as 7028 or which carry criminal penalties? I feel 7028 is relevant to my cause of civil fraud and misrepresentation in the contract case. There is also a vehicle code that deals with false documentation that I feel is relevant for the same reason, vehicle code 4463 (False Evidences and Uses of Documents, Licenses, Devices, Placards, or Plates) - to prove his fraudulent acts in contract formation and performance.
May I request of the Judge (in writing, prior to the hearing) for a Statement of Decision stating whether he found there was any “fraud, misrep, conspiracy etc." so that I may provide this to the police or DA on criminal fraud, larceny, etc. charges?What is the name of your state?