California Breach Of Contract Legal Questions

Yes, if you were required to pay the extra $4,600, you should be able to recover that in small claims based on the written contract you had for the lower price.  If you want to rescind the entire contract and claim they breached it, if the price you paid for the building is more than $10,000 you'll need to file suit in Superior Court.  I can help with that.  Please reach out to me at dan@therowanfirm.com should you wish to pursue such an action.  ... Read More

It depends upon the terms of the written guarantee and settlement agreement.  My settlement agreements always include a clause stating that if the debtor defaults, then judgment may be entered for the remaining balance under the contract.  But this may be possible without this clause.  In addition, depending upon the terms, you might be able to collect costs, interest and attorney fees.  I would sue him in Sacramento, and then have the judgment entered in Texas.  ... Read More

Hi Christopher - if you have an employment contract it seems strange that the company is suing an LLC.  You may have some claims against them for breach of contract, misclassification, wrongful termination, among others.  I'd be happy to discuss this with you if you want to set up a time to discuss.  ... Read More

If you want something the other side refuses to provide, you will have to sue for it.   Whether you're legally entitled to it or not, that's the only way to enforce your rights against someone who's unwilling to recognize them.  As to whether you are legally entitled to a copy, it depends on the status of your father's estate.  From what you've written, it seems that your dad's corporation had a contract.  The corporation has a right to enforce that contract, and has ways of getting a copy through legal action (althoygh it may be somewhat expensive and time consuming), but the question is, who owns the corporation and can therefore assert its rights?  To whom did your dad's stock pass?  If there was a will, it would pass to whoever the will provided or, if he will didn't specify, to the beneficiary of the residuary of the estate.  if no will, it would pass as a matter of law, probably to his closest living relatives.  I'm not familiar with California law, but if it is like NY law it would probably be divided between his surviving spouse and children.  The point is, however, that if you want to enforce rights belonging to the corporation, you're probably going to have to start an estate proceeding to declare who now owns the corporation, i.e. who inherited your father's stock.... Read More

Although I have never been to smalls claims court just because lawyers are not allowed to represnt litigants in small claims, I believe that the rules of evidence are relaxed.  Therefore, you should consider presenting the text messages as evidence as long as you can establish that they were from the defendant.  Even in civil trials, text messages may be used as evidence after laying the foundation and authentication. Go for it.... Read More

First, contact an attorney immediatelyfor advice and representation.  A Motion to Quash Service may apply re no personal service, no substitute service, and possibly failure to obtain an alternate Court Order for serving (e.g. publish).  First you need to determine if a Proof of Service was filed. The Complaint, if filed in State Court, would allow 30 days for you to file a responsive pleading.... Read More

With the limited information, it would appear that this could be a breach of contract which requires an offer, acceptance, and consideration. You could speak with an attorney to obtain more information but likely this would fall into a small claims suit where attorney's are not allowed except in limited circumstances like an appeal. Therefore, you may want to research small claims in your area to pursue an action for breach of contract.... Read More

You speak of a sale "as defined in my agreement".  Was the term defined in the agreement?  For example, would an asset sale trigger your rights or only a stock sale? If the term was undefined in your agreement, a court is going to have to determine whether this situation fits the meaning of sale as used in your agreement.  If the owners were paid to sell a controlling interest in the company to an unaffiliated person or entit I think acourt is likely to consider it a sale.  if, however, the transaction was that THE COMPANY sold equity and the owners received nothing directly, a court may consider that differently.  There are a lot of other scenarios for the transaction you describe, each structured slightly diff4erently which could come out either way. If the company is claiming that no sale occurred, why did you receive any bonus? ... Read More

From what you've written (which is only one side of the story) it appears that the developer is breaching your contract.  Assuming that you can't get them to comply, your options are to abandon the project and sue the developer for any damages you've suffered due to the breach of contract, to hire another develper to complete the scope of work and sue the first developer for anyting extra you had to pay over and above the contract price, or to pay the developer what they want and then sue to recover anything extra you paid once the job is done, claiming that the agreement to pay more is invalid because it was entered into under economic curess.  This last option is probably the worst, since economic duress is very hard to establish.... Read More

Generally, a new contract negates any prior contract insofar as they cover the same subject matter.  However, if you can invalidate the second contract for fraud in the inducement, the first one would again be in force.  I don't think  your fraud claim is a very good one because as a general rule you are deemed to have read and understood any document you sign, and if you didn't read it, it is considered your tough luck. but fraud in the inducement still appears to be your best shot.  I know it's too late now, but there was no reason why you needed to sign a new contract; you could simply have copied the original one and provided the copy to the company.  You should never sign a contract without reading and understanding it.... Read More

Hi Jerome, If I understand correctly you paid money for a property and a quit claim deed was executed by the owner transferring their interest to you. After they did that they filed a subsequent document stating that the deed was not supposed to be recorded? If that is correct and there is now a cloud on title there are a couple of ways that you can approach it to try and clear up the title record. Let me know if my understanding is accurate and happy to discuss with you if you would like. Thanks, Jon... Read More

Hi Michelle, If you have an executed agreement and have fulfilled your obligations under the agreement to date you should be able to force the transaction to go through. I have handled similar matters in the past and would be happy to discuss with you if you are still looking for assistance. Thanks,Jon... Read More

The texts between you may well have created an enforceable contract, but it doesn't matter because that agreement was superceded by the written contract you signed subsequently, which controls and contained nothing about "first choice."  In fact, just to make things worse, it is likely that the written contract, as many do, provided that it represents the parties' entire understanding and supercedes any prior agreement.... Read More

Without knowing what your non-compete provides, it is impossible to know whether your side job would violate it.  HOWEVER California prohibits non-competes except in special circumstancss (such as ehen the person prohibited from competing sold the business he or she would now be competing against).  See California Business and Professions Code section 16600 et seq.  So, assuming that your agreement is governed by California law, and that there are no special circumstances present under which a non-compete is enforceable in California, even if your side job would violate the non-compete, that provision is unenforceable.  Of course, that doesn't mean that your employer will be happy if it finds out.  Also, regardless of any non-compete, you can't use your employer's proprietary information (trade secrets) in your other job.... Read More

By definition an investment is a risk.  The fact that you lost money on your investment is not a basis for  a suit.  However, if you were defrauded into investing, that is another story.  Did your ex-friend make any material mistatements of fact on which you reasonably relied in investing?  If so you may have a claim.  While I don't believe that a claim that you would receive a 40% profit within 6 months qualifies for various reasons (including that it is a prediction, not a statement of current fact, and that it is not reasonable to rely on any statement that you will get a 40% ROI in 6 months).  However, if your friend lied about such things as having orders in place, the venture's financing and/or general financial condition, ownership of intellectual property, et. etc. which caused you to invest, you may have a claim.... Read More

You can sue for breach of contract (anyone can sue anybody for anything, but I don't see any validity to a negligence suit).  Although it may be difficult, if not impossible, for you to prove damages, i.e. to prove that if the school had fulfilled the contract, you would have gotten a better job at a higher rate of pay, it might be possible for you to get the contract rescinded, and get a refund of what you paid.  The biggest problem is that even if you win, it is doubtful that your now closed school has the money to satisfy any judgment you may obtain.... Read More

Federal courts have limited jurisdiction.  They can only hear cases involving a federal question (e.g. a case claiming violation of a federal statute) or a case for more than $100,000 between citizens of different states.  Assuming the Bacas live in the same state as you, I don't see any basis to sue in Federal court.... Read More