Courts favor settlement agreements because they bring litigation to a close and allow the parties and the Court to go onto other matters. Professionally prepared settlement agreements will normally include a covenant all disputes – whether known or unknown – are being settled, and that the parties agree to waive the protections of Civil Code […]
What we do for you in a business dispute?
With more than 35 years of experience, our goal is to help our clients make the best economic decision under the circumstances presented, consistent with the objectives expressed by our client. When a new client makes contact, we will typically speak by phone or in person in a brief introductory call with the goals of […]
Revised Limited Partnership Act: a law that addresses the problem of incomplete or informal contracts.
It is not unusual to find that the written contract(s) between business partners do not speak to the precise issue that has arisen. Such gaps in contract language may be filled in by law. California’s Revised Uniform Partnership Act (“RUPA”), for example, provides that “To the extent the partnership agreement does not otherwise provide, this […]
Common Contract Disputes
Common contract disputes and the types of litigation claims associated with those contracts include: Real property sales and purchase contracts.These contracts frequently give rise to claims for breach of contract, specific performance, constructive trust, improper disclosures, and fraud. Real estate lease agreements.Commercial lease and residential lease contracts give rise to claims for breach of contract, […]
Contract Defenses in the Corornavirus Era; Force Majeure
The government’s COVID-19 shelter-in-place orders have placed unusual strains on contractual relationships. Employment, construction, landlord-tenant, and other contracts have been impacted, affecting most of our nation’s population. While unusual, such widespread, wholesale, strains on contractual relationships are not unprecedented. The law has dealt with these types of strains before, such as during times of war […]
