How To Prove A California Money Had and Received Claim

 

How To Prove A California Money Had and Received Claim

 

In California, a claim of Money Had and Received is defined as:

Money had and received is an action by which the plaintiff could recover money paid to the defendant where the money had been paid by mistake, under compulsion, or consideration was insufficient.

It simply means:

A lawsuit by which the plaintiff could recover money paid to the defendant.

There are 3 elements of the claim:

  • Element 1. The defendant received money that was intended to be used for the benefit of the plaintiff. The defendant got money that was meant to help the plaintiff, meaning they received funds that should have been used for the plaintiff’s benefit, which is a key part of a Money Had and Received claim.

    Facts that might support this element look like:

    * The defendant received a payment of $5,000 from a third party, which was explicitly designated for the plaintiff’s project.
    * The defendant acknowledged in writing that the funds were intended to benefit the plaintiff’s business operations.
    * The plaintiff provided evidence showing that the defendant was the intermediary for funds meant for the plaintiff’s benefit.
    * The defendant failed to transfer the funds to the plaintiff despite multiple requests for the payment.
    * The plaintiff can demonstrate that the funds received by the defendant were earmarked for specific expenses related to the plaintiff’s services.

  • Element 2. The money was not used for the benefit of the plaintiff. In a Money Had and Received claim, this element means that the money in question was not spent to help or benefit the person who is making the claim, indicating that they did not receive any value or advantage from it.

    Facts that might support this element look like:

    * The funds were transferred directly to a third party who had no contractual obligation to the plaintiff.
    * The money was used to pay for expenses unrelated to the plaintiff’s interests or needs.
    * The defendant failed to provide any accounting or documentation showing how the funds were utilized for the plaintiff’s benefit.
    * The plaintiff did not authorize the specific use of the funds in question.
    * The defendant admitted in correspondence that the funds were intended for personal use, not for the plaintiff’s benefit.

  • Element 3. The defendant did not give the money to the plaintiff. In a Money Had and Received claim, this element means that the person being accused (the defendant) did not hand over the money that they were supposed to give to the person making the claim (the plaintiff).

    Facts that might support this element look like:

    * The defendant has no record of transferring any funds to the plaintiff’s account during the relevant time period.
    * Witnesses confirm that the defendant explicitly stated they would not provide any financial assistance to the plaintiff.
    * The plaintiff has not provided any documentation or evidence showing that the defendant made a payment to them.
    * The defendant can provide bank statements that show no transactions were made to the plaintiff.
    * The plaintiff admitted in a prior conversation that they did not receive any money from the defendant.

(See California Civil Jury Instructions (CACI), No. 370.)
If you’re representing yourself in court and plan to assert a Claim of Money Had and Received, it’s essential to have a solid strategy. With a Personal Practice of Law at Courtroom5, you’ll be equipped to decide what to file at each phase of your case and prepare legal documents supported by thorough legal research and strong analysis of the facts. This preparation is crucial for effectively presenting your claim and achieving a favorable outcome.

Prove Your CA Money Had and Received Claim

U.S. Civil Cases Only

Just a moment please.