San Diego Breach of Contract Lawyer
Breach of contract lawsuits constantly arise in business law. Our San Diego breach of contract lawyers routinely represent businesses and individuals, both as plaintiffs and defendants in such disputes and lawsuits. While resolving disputes before lawsuits is often preferable, we routinely sue and defend breach of contract lawsuits in San Diego, including in the following circumstances:
Partnership, LLC Operating, and Shareholder Agreements
Running a business with others can be difficult, especially when some are involved in the daily operations and others are not. With significant amounts of money on the line, considerable labor and time investments, and often the future of a business, breach of partnership, operating, and shareholder agreements (or accusations thereof) should be addressed immediately.
These issues can be magnified in the agreements are oral or implied. And, in addition to the agreements, partners are others in business together have certain fiduciary obligations to each other.
Stock Purchase and Investment Agreements
When money is invested in a business, the business should use it prudently and pursuant to the agreement. On the other had, owners and operators should be given discretion to run their business and make decisions.
Also adding to the potential issues with investment agreements are allegations certain facts were misrepresented or omitted prior to the signing the agreement.
Unfortunately, disputes often arise between lenders and borrowers when promissory notes and loans are not repaid, or the payments are not on time. We have extensive experience collecting on unpaid promissory notes in San Diego.
These disputes can often be resolved before litigation, as the threat of litigation often compels payment. However, if a lawsuit is necessary, fortunately, most promissory notes contain attorney fees provisions (i.e., the borrower may add attorney fees and costs to the amount due), if legal action becomes necessary.
With just a few exceptions non-compete agreements are not enforceable in California. Even if you sign such an agreement, you may not have to abide by it. These agreements are only enforceable where: (1) Buyers and sellers may agree that the seller must refrain from carrying on similar business within a specified area, and so long as the buyer carries on the business; (2) When a partnership or limited liability company (LLC) dissolves, or a partner/member leaves, the parties may agree that a partner/member cannot carry on a similar business within a specified area, as long as the partnership continues to carry on like business; and (3) Non-compete agreements may be valid to protect an employer’s trade secrets.
What a “similar business” or “like business” is depends on the circumstances, as does as a “specified area,” and is best analyzed by a San Diego breach of contract lawyer.
If you are being asked to sign a non-compete agreement or if you signed one and believe it to be unfair or unenforceable, we can help you answer those tough questions and protect your rights. For businesses trying to enforce non-compete agreements, understanding what you are legally capable of asking from your employees can help you proactively address complaints.
Consultant and Advisory Agreements
Just like with independent contractor agreements, business, financial and other consultant/advisor agreements routinely result in disputes.
We have handled lawsuit ranging from business finder’s fee disputes to individuals not getting paid for financial advice.
Business, Real Estate, and other Purchase Agreements
Purchase agreements – whether for a business, real estate, or even valuable items like boats – present a host of issues, especially when one side does not perform, or when there are allegations certain facts were misrepresented or omitted prior to the signing the agreement.
We have assisted various clients with issues ranging from non-payment on the sale of a business, a seller’s refusal to close a real estate transaction, and breach of agreements to buy boats and to return jewelry.
Commercial Lease Agreements
Unlike residential lease agreements (which have extensive statutory protections for tenants), commercial leases are almost entirely governed by the parties’ lease agreement. As both sides are often sophisticated, California law permits the parties to define all obligations as they so choose, regardless of perceived fairness.
We have assisted various commercial lease parties in disputes ranging from unlawful detainer (eviction), failure of the landlord to give a tenant exclusive rights to a certain service/industry, failure of the landlord to provide a safe/enjoyable premises to conduct business, and misrepresentation regarding the suitability or safety of the property.
Contractor and Construction Agreements
Among alleged delays in construction, non-payment by property owners, and alleged poor workmanship, the construction industry is fraught with disputes.
After filing a mechanics lien foreclosure lawsuit, we recently settled a case against a property owner who refused to pay our general contractor client.
Real Estate Broker Listing Agreements
When it comes to real estate agent and broker commissions, disputes often arise. Sometimes the hiring party alleges the agent/broker did not perform, or did not perform adequately. Other times, the parties dispute whether the relationship is exclusive and/or how commissions are split.
We recently sued a commercial landlord (and took the case to trial) for its failure to issue commissions to our broker client.
The franchisor-franchisee relationship, while ideally mutually beneficial, can present contract performance and payment issues. The franchise agreements define the relationship and obligations, but are often very complex. They almost always are heavily favored towards the franchisor, whose corporate attorneys drafted the franchise agreement.
Whatever the franchise agreement issue (e.g., franchisor not providing promised assistance or training, franchisee not paying royalties, franchisor overcharging royalties, and/or issues relating to the sale of the franchise), if either party feels the terms of the contract have not been met, seeking legal advice from a San Diego breach of contract attorney may be the best course of action. This is particularly true if you are the franchisee, as legal assistance can level the playing field.
Employment and Independent Contractor Agreements
The employer-employee and the independent contractor-hirer relationship often leads to complications. In fact, the very distinction between an employee and an independent contractor is complicated.
Further issues surface when independent contractors and businesses disputes the adequacy of performance or compensation amounts. And, even further issues develop if employment and independent contractor agreements are not in writing.
Modeling & Talent Agreements
The relationship between larger companies and agencies and models, actors, and other talent is frequently unbalanced. Moreover, young and experienced talent often lack the experience and insight to protect themselves legally.
On the other end of the spectrum, business contracts for professional services are unique and binding. Sometimes, money damages are inadequate and a party may demand performance.
Regardless of your position in the industry, the insight of a contract attorney is invaluable, especially if a dispute is brewing that may result in litigation.
San Diego Breach of Contract Attorneys
Our team at Stokes O’Brien, led by founding attorney John O’Brien, has extensive experience handling both common and the more obscure breach of contract claims. In each case, we conduct a careful investigation of the circumstances surrounding the claim as well as the written terms of the contract. It is also important to note that contracts come in many different forms: written, oral, and implied.
Our San Diego breach of contract lawyers provide high quality legal services and develop a personal relationship with our clients. John O’Brien personally works on all cases and has developed a reputation among clients and other attorneys for his professionalism, courtesy, and expertise. Reach out and contact us at 619.535.5151 to speak with a San Diego breach of contract lawyer to learn more about our breach of contract legal services.