How To Prove A California Mistaken Receipt Claim

In California, a claim of Mistaken Receipt is defined as:
A claim that a person may make against another party who received goods or money by mistake and who did not have a right to collect the money or goods. To prove such a claim, court protocol requires the plaintiff to show that the defendant received the money or goods without right to it and ignored the plaintiff’s request for the return of the money or goods.
It simply means:
You have a right to ask for the return of money or goods received by the wrong person.
There are 4 elements of the claim:
- Element 1. The plaintiff paid or sent money or goods to the defendant by mistake. The plaintiff accidentally gave money or items to the defendant, believing it was the right thing to do, but later realized it was a mistake.
Facts that might support this element look like:
* The plaintiff accidentally transferred $1,000 to the defendant’s bank account, believing it was intended for a different recipient.
* The plaintiff shipped a package of goods to the defendant’s address, mistakenly thinking it was the correct delivery location for a customer order.
* The plaintiff issued a check to the defendant, misidentifying them as a vendor for services that were never rendered.
* The plaintiff received an invoice for services not provided and, in error, sent payment to the defendant.
* The plaintiff’s accounting records showed a duplicate payment made to the defendant due to a clerical error. - Element 2. The defendant did not have a right to the money or goods. In a Mistaken Receipt Claim, it must be shown that the person who received the money or goods had no legal claim to them, meaning they weren’t entitled to keep or use those items in the first place.
Facts that might support this element look like:
* The defendant received the funds through a transaction that was later identified as fraudulent.
* The defendant was not the intended recipient of the goods, as evidenced by the original purchase agreement.
* The defendant failed to provide any documentation proving ownership of the money or goods in question.
* The defendant was aware that the transaction was based on incorrect information regarding the source of the funds.
* The defendant did not have any legal claim or entitlement to the property at the time of receipt. - Element 3. The plaintiff asked for return of the money or goods. In a Mistaken Receipt Claim, the person who believes they were wrongly given money or goods asks the court to return those items or the equivalent amount of money to correct the mistake.
Facts that might support this element look like:
* The plaintiff contacted the defendant on March 15, 2023, requesting the return of the $500 mistakenly sent to the defendant’s account.
* On March 20, 2023, the plaintiff sent an email explicitly stating the desire to recover the goods mistakenly delivered to the defendant.
* The plaintiff provided written documentation on March 25, 2023, detailing the transaction and reiterating the request for a refund.
* During a phone conversation on April 1, 2023, the plaintiff clearly expressed the intention to reclaim the funds due to the error.
* The plaintiff followed up with a formal letter on April 5, 2023, demanding the return of the money and outlining the circumstances of the mistake. - Element 4. The defendant did not return the money or goods. The defendant kept the money or items they received by mistake and did not give them back, which is an important part of proving a Mistaken Receipt Claim in court.
Facts that might support this element look like:
* The defendant received a payment of $1,000 for services not rendered but failed to return the funds after being notified of the mistake.
* The defendant was in possession of goods worth $500 that were mistakenly delivered but did not return them despite multiple requests.
* After realizing the error, the defendant acknowledged the mistake in writing but still did not initiate a return of the money or goods.
* The defendant’s bank records show no evidence of a refund or return transaction related to the mistaken receipt.
* Witnesses confirm that the defendant was aware of the mistaken receipt but chose to keep the money and goods without returning them.
(See California Civil Jury Instructions (CACI), No. 374.)
If you’re in court without a lawyer and plan to assert a Claim of Mistaken Receipt, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your CA Mistaken Receipt Claim
U.S. Civil Cases Only