California Breach Of Contract Legal Questions

In most states, the question would first be whether the clause barred competition, or just solicitation of clients.  Assuming it barred all competition, the question would then be whether the clause was enforceable.  California, however, has a strict policy against non-compete covenants in employment and, assuming you didn't use any of your former employer's trade secrets to lure this customer away, would not enforce any provision which barred you from walking this customer's dog after leaving your former employer's employ.... Read More

Was the agreement with the company or with the individual? I would have to review the agreement to be able to give a concrete response, but if there was an atempt to hide the fact that the business was an LLC you certainly have an argument to breach the corporate veil and go directly after the individual. Based on your description, the contract may allow for that as well directly. Would be happy to review the contract to let you know where you stand. Thanks, Jon... Read More

Was there a written agreement for the loan or was it an oral agreement? Do you have records that prove that you loaned the money? How much is owed? In any event you likely have a breach of contract claim, although you are certainly in a better position if there was a written agreement. Happy to discuss with you if you would like. Thanks, Jon... Read More

Sounds like you probably have a breach of contract claim against this company. I would have to review the actual written agreement to know for sure where you stand, but as you describe the facts they certainly sound like they are in breach. Let me know if you would like my assistance reviewing the agreement. Thanks,Jon... Read More

Yes, depending on the circumstances.  The issuance of a credit card in your name reflects a contract between you and the credit card company; it doesn't affect your separate arrangement with your ex.  Thus, for example, if you allowed him to use the card with the understanding that he would pay for what he charged, you can recover from him; if you allowed him to use the card as a gift, you can't recover.  Either way, however, you are still responsible to the credit card company, whether your ex pays you back or not.  The only way you would not be responsible to pay the credit card company would be if you did not authorize your ex to use your card, but even then you could have a problem if you put your ex in a position where he could misappropriate the card.... Read More

Your situation sounds like a fairly complex dispute and I do not think it would be wise to try and resolve it on your own. I would recommend that you at least consult with an attorney who can give you a good idea about what rights you have and what is likely to happen if you decide to file a lawsuit vs. seek settlement. In many cases it may make sense to try and resolve the dispute outside of litigation, but you are likely to get a better result if you are represented by counsel in that process as well. Thanks,Jon... Read More

You can sue the moving company for whatever it costs you to have the debris taken away, assuming that your contract required the movers to perform that task.  You can sue (anyone can sue for anything), but you really have no claim  based on people swearing at you or speaking to you condescendingly.... Read More

The buyer can sue you because anyone can sue anyone for anything.  However, if you didn't violate any of the restrictive covenants in your agreement (although California generally prohiibits and will not enforce these types of restrictive covenants, I believe it does against the seller of a business) than you are perfectly within your rights to treat these patients.... Read More

From your question, it appears that a Michigan court would have jurisdiction over the defendant and you would be able to sue it in Michigan, which would obviously be better for you.  However, you should review your contract to make sure that it doesn't contain any choice of forum provision which requires  you to either sue or arbitrate in California or some other venue.  If you can bring suit or commence arbitration in Michigan, you should probably retain a Michigan lawyer.  If you have to sue or arbitrate in California, you should probably retain a California lawyer.... Read More

A contract can't be unilaterally modified, but can only be changed with the consent of both parties to it.  However, if the contract can be terminated (for example, if you are employed at will, the employer can always fire you), a party can terminate the contract, and refuse to reach a new agreement except on different terms.... Read More

Based on your comments, either you or your corporation has a cause of action for breach of contract for failure to pay for the services rendered. It would be helpful if you have some sort of written agreement that spells out the terms of the contract; but if not, documents of your efforts in selling the product will work as an alternative. Writing a demand letter is a good starting point, but you will most likely have to file suit and obtain a judgment so that you can reach DermaTech's assets. If you would like to discuss further, please contact my office. Mitch Abdallah (916) 446-1974... Read More

That depends on what you mean.  It may influence the judge/law clerk that you are being reasonable, which may cause him/her to pressure the other side to settle.  However, if the matter goes to trial, the jury will never hear that you offered to settle. In most jurisdictions, there are procedures for this type of situation.  For example, in some states there is a rule which generally provide that if the defendant makes a formal offer to pay a certain amount and the other party refuses to settle and then does not obtain a higher judgment, the party that refused to settle would be liable to pay the other party's additional attorneys' fees.  You should check out the California rules on this subject and may find a provision which you can use. ... Read More