California Commercial Litigation Legal Questions

Yes, although there are often good reasons not to do so but to only sue the employer, since the worker (a) may not be able to pay any judgment; (b) may be difficult to locate; and (c) may be more likely to be a truthful witness if they are not being sued personally.  There could also bevquestions about whether an individual worker, who you are not paying, has violated a duty to you.... Read More

Your first course of action should be to consult with a Google Shopping consultant to figure out why your account was suspended and how it can be fixed.  This may be a quick and easy solution.  It's best to get back in business as soon as possible. If you want to pursue your legal rights, you may have a case for intentional interference with a prospective business advantage, breach of contract, breach of the California Unfair Competition Law, and similar causes of action.... Read More

You can sue anyone for anything, but I don't think you would win.  You would have to show that the venue knew or should have known about the noise problem, and should have disclosed it to you, before you contracted for the venue.  You would also have to prove the amount of your damages.  Your contract with the venue did not provide that no loud parties would take place at neighboring venues, so the venue didn't breach the contract.  Your only claim would be fraud - that the venue knew about the noise problem but failed to disclose this material fact to you before contracting, and that you wouldn't have contracted if you had known.  Theoretically, if you can prove this, you could rescind the contract.  However, since you didn't cancel the wedding, the venue would still be entitled to receive the reasonable value of what it provided you, which might be less than it would have been if there had been no party, but certainly is not zero.... Read More

Is that a question?  If so, the answer is false.  Although directors, officers, and shareholders are not usually liable for the obligations of the corporation, llc, or other legal entity ("company" is a very ambiguous word; if the "company" is not a corporation or other independent legal entity, its owners will be liable for the "company's" obligations) for which they work and/or which they own, there are many situations in which they could be liable for those obligations.... Read More

Your lease will determine your rights. If the lease is for a specific period of time, then  the landlord can only terminate it at the end of the lease, or if you violate any of its provisions(which typically would allow for a time to cure any curable default). If the lease is month to month, then the landlord can terminate the lease on the providing of 30 days notice. If the termination is not consistent with the provisions of the lease, you can certainly raise these issues in the event a lawsuit for possession is filed. Your lease would have to be reviewed to determine your rights  in your situation.       It should be noted that if you fail to vacate the premises, an unlawful detainer action would then be filed. There is a natural time delay in this process.... Read More

In most cases, general partners (as opposed to limited partners) have authority to bind the partnership.  Even if, in this particular case, your partnership agreement provided that your partner did not have authority to agree to the modifications, your remedy will probably lie against your partner, not the landlord, as the landlord will almost certainly be able to rely on what is known as the "apparent authority" of your partner to bind the partnership.  Apparent authority means that when you have given someone the indicia of authority other people are entitled to rely on it.  Since your partner is a partner, he or she would generally have authority to make decisions for the partnership, so unless you specifically told the landlord that your partner did not have that authority, the landlord is entitled to treat your partner as if he or she was authorized to modify the lease.... Read More

Yes, you can hire a US lawyer from any country on the globe.  In my experience, most attorneys are hesitant to accept a client from a foreign country without a referral from a foreign counsel with whom they have a solid relationship, or without a significant retainer to pay for the attorney's services in advance.  I would direct you to find a lawyer in the same geographic location as you opponent as this would reduce the cost of litigation.  I would also recommend that you discuss the terms of the legal services and charges up front because the attorney fees could quickly exceed the sum you are seeking to recover.... Read More