Who should I sue?

[babynature]

California-
I'm unsure who to sue and take to small claims court. My ex-friend and I decided to go into business together. We planned on buying liquidated merchandise through B-Stock (One of the largest liduidators nationwide) at their online auctions then resale it for profit. She had the space to store the inventory and I had the capital to make the purchases. I would lend her the money for her half of the investment and she'll pay me back weekly as the profits will start coming in. My account with B-Stock was suspended due to too many cancellations in the past so we had to make a new B-Stock account under her name as well as the re-seller permit which is required in order to bid on their site. So, I won 6 auctions and wired the money to B-Stock with the specific order numbers. They screwed up and credit it towards auctions that were cancelled. Anyhow it was a hassle and I ended up getting just 2 auctions so They credit the account the remaining $3100 from the $6k I wired. We thought they screwed up because the money was coming from my bank account instead of my partner's who is the account holder. They emailed her and said that it doesn't matter that it came from my account and that is not a problem. They just really screwed up everything and offer no solutions . Suddenly I couldn't log into the account so I asked my partner and she tells me that B-Stock suspended the account due to fraudulent activities. I was shocked. I asked about the remaining money on the account and she said that B-Stock claimed to had refund it back to the payer which is me. I contacted B-Stock to find out that they sent my partner a check for the entire amount in her name and she cashed it, kept the money and did not say a thing to me. Who do I take to court? B-Stock knew for a fact that the money came from me and my bank account and yet they sent my money to my partner under her name. Shouldn't they REFUND it back to the sender which is me and not my partner? Or do I sue my partner?

 

[Litigator22]

California-
I'm unsure who to sue and take to small claims court. My ex-friend and I decided to go into business together. We planned on buying liquidated merchandise through B-Stock (One of the largest liduidators nationwide) at their online auctions then resale it for profit. She had the space to store the inventory and I had the capital to make the purchases. I would lend her the money for her half of the investment and she'll pay me back weekly as the profits will start coming in. My account with B-Stock was suspended due to too many cancellations in the past so we had to make a new B-Stock account under her name as well as the re-seller permit which is required in order to bid on their site. So, I won 6 auctions and wired the money to B-Stock with the specific order numbers. They screwed up and credit it towards auctions that were cancelled. Anyhow it was a hassle and I ended up getting just 2 auctions so They credit the account the remaining $3100 from the $6k I wired. We thought they screwed up because the money was coming from my bank account instead of my partner's who is the account holder. They emailed her and said that it doesn't matter that it came from my account and that is not a problem. They just really screwed up everything and offer no solutions . Suddenly I couldn't log into the account so I asked my partner and she tells me that B-Stock suspended the account due to fraudulent activities. I was shocked. I asked about the remaining money on the account and she said that B-Stock claimed to had refund it back to the payer which is me. I contacted B-Stock to find out that they sent my partner a check for the entire amount in her name and she cashed it, kept the money and did not say a thing to me. Who do I take to court? B-Stock knew for a fact that the money came from me and my bank account and yet they sent my money to my partner under her name. Shouldn't they REFUND it back to the sender which is me and not my partner? Or do I sue my partner?

How can you logically argue that the company erred in remitting the refund to your "partner" in the face of acknowledging that the account was in your partner's name; to-wit: she being the "account holder"!

Furthermore, if a partnership existed ( whether formally created or one imposed by operation of law - and you having admitted to it being such) how would you rebut a defense on behalf of the company that it discharged its indebtedness or obligation by remitting to a member of the partnership? Explain why the company is not entitled to claim that your partner's endorsement on the refund check constituted full satisfaction of its obligation. Or that a member of a partnership cannot singularly satisfy such an obligation.

I see no merit whatsoever in your argument that the obligation was owed to you individually. Not even apart from the consequences of the partnership association.

As far as your ability to seek reimbursement from your partner that will hinge on agreements, arrangements and understandings to which we are not in privy.