Utah Breach Of Contract Legal Questions

First, you need to find a new storage / service area. Second, depending on the damages and related costs, you may have a claim against the facility.These are issues that we can discuss. The best thing to do is to call for an initial cosnultation to review your documents and look at your options.  I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Stop trying to contact the attorney privately, he doesn't represent you and has no obligation to you.  Use the procedures available through the court.  You're being sued.  You can use the procedures available in lawsuits to obtain discovery, i.e. to learn information relevant to the case.  There may also be procedures available (not sure because I don't know Utah procecure) to make an offer of settlement, to seek summary judgment on the issue of hte amount of damages, etc.  If you can't afford to hire a lawyer, the clerk of the court and/or legal aid may be able to help you.... Read Answer

You have 30 days from the date the judgment is entered to file an appeal so you best get moving on it...  as in right now, if you want to appeal the judgment. Your situation involves major factual. evidentiary, and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Arguably yes you could. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I'd have to review the actual documents from the bank to see exactly what the bank said. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

Odds are that the lease holds each party jointly or severally liable for the rent. If that is what your lease says, that means you are 100% responsible for the rent, as is the other person. You are each 100% responsible on the lease. That means you may want to go against the other person, assuming you had some sort of agreement. I may be able to assist you, should you desire. David R. Hartwig 801-486-1715... Read Answer

When you say "purchaser of a company", what exactly do you mean?  If we are talking about a corporation, which is a separate legal entity, and the purchaser just bought the stock of the corporation, then the corporation, now owned by the purchaser, is still obligated under the contract to let you use the conference room (I"m assuming the contract is valid and can't legally be cancelled.)  If, however, the purchaser merely bought some of the assets, rather than the stock, of the seller, it would usually (except for unusual circumstances) only be obligated on those contracts which it agreed to assume, and it may well not have assumed the obligation to let you use the conference room. I assume that this conference room is in an office which the seller either rented or owned, and that (if it was an asset sale and not a stock sale) the purchaser bought the lease or the building, whichever is applicable.  Your right to use the conference room was a restriction on the seller's ownership of the lease or building, just as a power company's right to string lines over real property is a restriction on the owner's rights, and passes along with any sale of the land.  However, while you have the right to sue the seller for any damages you suffer from the breach, the purchaser would only have to honor the agreement if it had notice of it before the sale (i.e. if the seller told the purchaser about the agreement, or if the agreement had been publicly recorded as a restriction on title to the lease, or building, as the case may be.)  If it was an asset sale, and if the purchaser had no reason to know that you had any right to use the conference room when it bought the business, it doesn't have to let you use the room, but you can sue the seller for your damages.... Read Answer

You will want to speak with an attorney who regularly does commercial litigation.  A case like yours involves primarily principles of contract law.  Keep in mind that the amount of money you are willing to spend on an attorney must be justified by the amount in dispute.  Feel free to contact my office for a brief telephone consultation.... Read Answer

Any general civil litigation attorney will probably be able to handle that sort of case, but your best bet will be an attorney with experience in contract suits.  You should be aware, however, that unless you have a fairly significant and solid counterclaim, you are typically going to have to pay an attorney an hourly rate to defend your case.  To get an idea of just how much it might cost, and whether it is worth the fight, you will need to see an attorney for a consultation.... Read Answer

Yes, you can sue, and you can win if you can prove that you and your family were bitten by bed bugs in the hotel.  As for whether you can settle out of court, that is entirely dependent on whether the hotel and you can agree on a fair settlement.  You can't force anyone to settle, and nobody can force you.  However, it is often in both side's interest to settle in order to avoid the risk of losing, or just winning a smaller award, and also to stop spending legal fees.... Read Answer