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19 03, 2017

Look Before You Leap! Don’t Sue for an Uncollectable Judgment

By | 2017-03-19T23:20:47+00:00 March 19th, 2017|Business Law, Business Litigation|0 Comments

When a client walks in the door and says “I really don’t care about the money, it’s just the ‘principle’ of the matter,” the wise lawyer may reply: “You shouldn’t sue for ‘principle’, unless it’s ‘principal plus interest’”, i.e. money. The meaning of this old pun, of course, is that the only satisfaction likely to [...]

30 01, 2017

WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

By | 2017-01-30T09:40:51+00:00 January 30th, 2017|Business Litigation, Contracts|0 Comments

Introduction In settlement agreements, one or more parties may waive their right to pursue recourse against other parties to the agreement in return for some form of consideration, such as a payment of money. However, what if a party is unaware of certain claims they may have against the party they are releasing--could they then [...]

17 01, 2017

Considerations in Settling a California Dispute

By | 2017-01-30T09:34:32+00:00 January 17th, 2017|Business Litigation|0 Comments

In a prior Blog Article published here Dec. 8, 2015 (“Filing a Lawsuit to Secure a Prompt & Enforceable Settlement”), we discussed the advantages of filing a lawsuit, even where you know from the outset that the other party will likely agree to settle, so you can use a “Stipulated Judgment”, under CA Code of [...]

20 09, 2016

California’s “Good Faith Settlement” Law: An Example From a Recent Case

By | 2016-12-14T11:04:55+00:00 September 20th, 2016|Business Law, Business Litigation|Comments Off on California’s “Good Faith Settlement” Law: An Example From a Recent Case

Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation.  But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit [...]

5 09, 2016

AN ODE TO HONESTY IN BUSINESS PRACTICES

By | 2016-12-14T11:11:14+00:00 September 5th, 2016|Business Litigation|Comments Off on AN ODE TO HONESTY IN BUSINESS PRACTICES

As a trial lawyer, there is nothing I enjoy more than an honest client with a righteous case.  Hallelujah!  So many people use lawyers as henchmen, to bully their enemies and competitors, with lies.  But when I have a client who has been cheated or harmed, and is truly a victim, a victim of lies!!!!....that [...]

11 08, 2016

CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

By | 2016-12-14T11:13:44+00:00 August 11th, 2016|Business Law, Business Litigation|Comments Off on CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”). The obligation to provide a prospective purchaser with a TDS is imposed on all owners of real property who enter [...]

14 07, 2016

Anti-SLAPP Motions in Connection with Employment Law Claims

By | 2016-12-14T11:16:08+00:00 July 14th, 2016|Business Law, Business Litigation, Labor & Employment Law|Comments Off on Anti-SLAPP Motions in Connection with Employment Law Claims

Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground. SLAPP refers to “Strategic Litigation Against Public Participation.”  An anti-SLAPP motion is one [...]

6 07, 2016

BUSINESS LITIGATION: Swinging a Bigger Stick

By | 2016-12-14T11:16:18+00:00 July 6th, 2016|Business Litigation|Comments Off on BUSINESS LITIGATION: Swinging a Bigger Stick

Everyone knows that litigation is an expensive distraction from the true mission of any business.  Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.  Even well-managed businesses sometimes find themselves involved in a lawsuit.  When that happens, it is often [...]

30 05, 2016

Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

By | 2016-12-14T11:20:21+00:00 May 30th, 2016|Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Contract law|Comments Off on Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

business litigation attorney san diego As a business litigation attorney, I sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case. With some foresight when [...]

13 04, 2016

The “LITIGATION PRIVILEGE”; How Exposing a Defendant’s Disgraceful Misconduct in a Detailed Complaint can Motivate Settlement

By | 2016-12-14T11:27:25+00:00 April 13th, 2016|Business Litigation, Civil Litigation, Commercial Ligitation|Comments Off on The “LITIGATION PRIVILEGE”; How Exposing a Defendant’s Disgraceful Misconduct in a Detailed Complaint can Motivate Settlement

Introduction Filing a lawsuit is usually a last resort in resolving a dispute, or seeking redress when someone has cheated or harmed you.  When it comes to that, it is time to play hardball, which begins with drafting and filing a strong, persuasive Complaint.  A good litigation lawyer knows how important the Complaint can be, [...]