Is money transferred to an individual for an investment in real estate (land acquisition and construction) becoming that individual's proper...

Question

Is money transferred to an individual for an investment in real estate (land acquisition and construction) becoming that individual's property, or it remains my property, therefore that person is only managing my money? The money was wired per the provisions of a signed contract. I have a civil case against this individual, ONE of the causes being CONVERSION. Can I have a case of conversion under these circumstances? Is there any similar previous case on record?

The opposing party is seeking to get a judgment on the pleading granting the dismissal of the conversion claim, which I have to oppose.

Answer

What do you mean, "you have a case"? You filed a lawsuit by yourself without a lawyer? I can think of some other legal theories that might apply to your situation but right now your immediate problem is not losing your case on a motion for judgment on the pleadings.

Answer

Telling us you have a contract is a start, but we don't know what the contract says. We can't offer much guidance without that information.

Answer

Representing yourself in a case like this is swimming through shark-invested waters wearing a steak jacket. It sounds like you are way out of your depth here. There are several legal issues that pop out. The contract needs to be reviewed to determine whether the other side actually followed through with their obligations.

There are several possible causes of action that come to mind: breach of contract, misrepresentation (fraud), breach of fiduciary duty, breach of trust. However, without seeing the contract and discussing the facts it is impossible to know which if any of these might apply.

You really should have a discussion with an attorney to review the contract, discuss the facts and determine how to proceed.

Let me know if you would like to discuss it.

Caleb

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Answer

There are several possible legal consequences of the transfer of funds, and eliminating the wrong ones would require much more information about the circumstances and the language of the contract.

The possibilities include:

(1) The payment was due to the payee under the terms of the contract, and ordinary contract law must be applied to determine whether there has been a breach or not;

(2) The payment was an entrustment of funds to your agent, and agency law will apply. An agent is a fiduciary of his principal, and has duties akin to those of a trustee with respect to the property of the principal.

(3) A partnership was formed, and partnership law applies.

(4) The contract is a home improvement contract, and the provisions of the Business & Professions Code relating to such contracts will apply;

(5) The supposed contract is part of a fraudulent scheme, and tort law will apply, as well as the portions of criminal and contract law dealing with fraud.

If you are facing judgment on the pleadings, there may be something terribly wrong with the way you have (a) analyzed, and/or (b) presented, your legal claims, and the remedy is to give up your pride, and a few bucks, and get a lawyer involved before you suffer a judgment on the pleadings.