I have a small plumbing company. We made an agreement with my husbands cousin to be the RMO on our California contractors license for five years until I was qualified and we gave him $10,000. He has withdrawn himself off the license after only 3 years against our agreement. Can I sue him? He also needed to purchase materials for a job he was doing and didn't have the money so he asked us to put it on our account at the supply house and said he would repay in 10 days and never did. We ended up having to pay $650 for the materials and all the late charges. Can I sue him for that? Do I have to do both claim together or can I take him to court twice, once for each issue?
You can sue someone multiple times if the claims are based on different facts. Here the 2 fact patterns you described are different. But if the material purchase of the 2nd situation relates to him being yoru cpm[any's RMO, then the 2 claims arguable arise out of the same facts.
See a construction lawyer for help, since your CSLB license is at risk.
Yes you can sue him for both. Many courts require that separate causes of action stemming from one incident or transaction be consolitated in one action. You would get the same relief if you filed the causes of action in one complaint.
Also, note that you can sue people multiple times so long as there is no release or the matter has not been previously resolved through mediation, arbitration, trial, settlement etc.
Regards,
Peter J. Lamont, Esq.
Law Offices of Peter J. Lamont
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