HELLO EMMA:...

Let me put it this way...

If your neighbor's kid throws a base ball through your living room window, you first tell his parents and get them to pay the bill for what damage the kid caused. You have got to give them a chance to say we are sorry and get it fixed and give me the bill...

If they Refuse to do so, you go anf file a law suit and get some judge to ORDER them to do assume their responsibility of being solid citizens and pay for the damage. You don't run to the Courthouse and threaten you will shoot the kid unless the Court issues its ORDER your neighbor pays...

The entire legal system is based at the concept of providing a venue for the citizens to resolve their disputes in a peacefull manner, which presuposes they have tried to so and, failed and then go to Court and ask its help...

There is great explanation of this process in the Justice Bryson's concurring opinion in SANDISK vs. STMICROELECTRONICS, INC. 480 F. 2d 1382, March 26, 2007 decision issued by 9th Circuit Court of Appeal...

I highly recommend reading that case for any one who has questions about why there has to be a "DEMAND" on any defendant, and an insuing "REFUSAL", either explicit or by implication, before legal process is invoked...

Hope this helps...

Stick around for the next couple of weeks...

Gil