Commercial Contract / General Business
Representative Cases
- Action by restaurant against mall. Restaurant claimed floors were damaged due to excessive power washing outside doors, causing business interruptions and loss of profits. Mall cross-complained for lost rent, claiming restaurant failed to mitigate losses and moved out.
- Plaintiffs purchased convalescent home, claimed seller breached contract by failing to assist Plaintiffs in obtaining license and causing business to fail; also claimed seller misrepresented the condition of the company. Major issue was whether the written contract contained all the material provisions of the agreement so as to be enforceable
- Law firm partner claimed the partner that managed the finances stole money from the partnership and lied to partner about the finances
- Dentist in partnership claimed partnership failed to pay money owed under buy-out agreement
- Investor/actor in film claimed producer misled him about having to engage in simulated sex and failed to pay amount owed; Defendant denied allegations and claimed that Plaintiff released his claims in an earlier case
- Complicated partnership dissolution where partnership kept inadequate records and each had a personal vendetta against the other.
- Bidder for intellectual property against the purchaser for breach of oral contract. Plaintiff claimed it shared confidential information in return for a share of the value of the property.
- Unfair competition claim by maker of product that competitor advertised as “made in America”
- Breach of contract case by American clothing company against foreign supplier for failure to provide products per contract. Supplier claimed clothing company did not provide the necessary materials in a timely fashion so it could manufacture the product.
- Plaintiff purchased a shopping center in the Mojave Desert, claimed that paid over $1,000,000 too much due to misrepresentations by the seller and breach of fiduciary duty by the joint broker; Defendants claimed that if Plaintiff overpaid it was due to failure to exercise due diligence
- Plaintiff purchased a “board and care” facility as a business and lodging for his father. Plaintiff claimed Defendant made misrepresentations stating that the solar panels were in working condition and that the rear units were fully permitted. Plaintiff also claimed that Defendants misrepresented the condition of the business.
- Plaintiff claimed to be a partner in a business based on a written contract and sued for share of profits; Defendants claimed that she never became a partner by failing to provide capital for the start up of the company
- City sued contractor and others for millions of dollars for improper billing and fraudulent representations on public works project. Complex relationship among parties.
- Plaintiff technology reporter sued for breach of contract, age discrimination, unfair business practices, and misappropriation of likeness against television broadcaster. Plaintiff was replaced by reporter who broadcasted from the same studio with the same format and style as Plaintiff
- Contractor brought action for compensation for work performed. Defendant claimed the contractor could not recover because it was not licensed at all times during the performance of the contract. Plaintiff claimed that it could recover because it “substantially complied” with the licensing requirements.
- Action for breach of contract, accounting and unfair business practices by marketer, promoter, distributor and seller of performance content for breach of duty to defend and indemnify; performer provided Plaintiff with copyrighted materials owned by a third party. The third party made a claim against the Plaintiff; Defendant failed to defend against the third party claim and indemnify Plaintiff for amounts paid to defend against the copyright claim as required by their written contract.
- Action by film producer for breach of contract against estate of investor for failure to provide final funding for motion picture
- Plaintiff purchased claims of company that arranged for medical treatment for defendant law firm’s clients, in exchange for medical lien; plaintiff alleged that law firm withheld proceeds from settlement of personal injury cases
- Action by homeowner against lender for failure to comply with the terms of a loan modification agreement.
- Former partner in a technology company sued for lost profits after bought out by former partner based on misrepresentations and concealment of business opportunity that was available to the partnership.
Complicated issues involving binding effect of settlement of earlier lawsuit.
- Plaintiffs alleged that defendants fraudulently induced them to invest a large sum of money into a corporation that soon became suspended. Defendants represented that it was going to be listed on the Nasdaq stock exchange.
- Three law firms joined forces to bring a malicious prosecution action. The case settled for millions of dollars. One of the law firms deposited the money in its trust account, and paid one law firm but not the other.
- Plaintiff’s business premises were burglarized. Plaintiffs claimed that the burglars entered through an opening in the roof, which the burglars were able to access via an attached ladder on the outside wall. The ladder had been placed by a communications company who claimed a contractual right to do so to maintain equipment on the roof. Case involved matters of contract interpretation and negligence.
- Plaintiff claimed to have an equity interest in business based on a written agreement with one of the two other equity holders. Defendants disputed the validity of the written agreement as it had not been agreed to by the other equity holder, contrary to the terms of the written agreement.