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Business / Tort and Breach of Contract

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Representative Cases

 

  • Corporation sued former employee for breach of contract, intentional interference with contract, intentional interference with prospective economic advantage and unfair competition, alleging former employee used plaintiff’s confidential information and trade secrets to solicit plaintiff’s customers to a competitor.


  • Judgment creditor sued for fraudulent conveyance alleging defendants transferred real estate to their children and siblings who then placed liens on the properties to avoid judgment creditors.


  • Borrower on home loan sued lender for misrepresentation and promissory estoppel, alleging the loan modification review process was a sham designed to increase the borrower’s arrears.


  • Job applicant sued defendant investigation agency for furnishing a false background report on plaintiff to a prospective employer causing him to lose a lucrative employment opportunity. Plaintiff alleged violations of state and federal statutes including Civil Code section 1786.24.


  • Seller of medical equipment sued defendants for balance due on contract. Defendants cross-complained for fraud and breach of contract alleging seller failed to properly train, provide support, furnish the promised advertising and repair the defective equipment which never operated properly.


  • Parties dissolved a partnership business which bought and sold industrial equipment. Plaintiff alleged that they subsequently made an oral agreement to split profits generated by two former employees of the partnership. Defendant contended there was no agreement, merely an at will arrangement, and argued the fact they did not sign a draft agreement corroborated his position.


  • The parties had an oral joint venture agreement to purchase houses needing renovation, fix them and sell them for a profit. Defendants advanced the capital, plaintiffs the labor. Plaintiffs alleged that defendants submitted documents to escrow cutting plaintiffs out of their share of the distributions. Defendants cross- complained alleging plaintiffs’ renovation work was shoddy and caused a loss of their capital investment.


  • Defendant husband acquired wife’s community interest in their closely held shares of business for far less than fair market value, based on material misrepresentations and omissions. Since the parties’ marital settlement agreement had not been incorporated into a judgment, plaintiff filed an action for rescission of the agreement and/or damages on multiple theories including securities fraud, common law fraud, breach of fiduciary duty and negligent misrepresentation.


  • Plaintiff sold his interest in a trucking company to defendants and took back a promissory note signed by the company employee stock option plan which is guaranteed by the individual defendants. Defendants failed to pay the note and defended the lawsuit on the grounds that the note from the employee stock option plan was unenforceable as it violated ERISA for various reasons.


  • Plaintiff entered into a joint venture agreement with defendant for the maintenance and operation for leasing for a profit of a Lear jet. Defendant allegedly breached the agreement by overcharging plaintiff for repairs and failing to account for receipts from charter operations.


  • Plaintiff, a produce wholesaler to restaurants, sold produce to the restaurant on account. Without telling plaintiff, the restaurant owner published a bulk sale notice and sold all the assets of the company to try to avoid paying plaintiff’s account. Plaintiff sued the buyer, as the seller disappeared, alleging that the bulk sale notice was defective and therefore did not insulate the buyer from liability.



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