COMMERCIAL,GENERAL BUSINESS DISPUTES,PARTNERSHIP DISSOLUTIon

REPRESENTATIVE CASES

Two business partners operated several kiosks and retail stores that sold high end cosmetics in malls on the West and East Coasts. Most locations were were quite profitable before COVID. After COVID, one partner sought to change the profit sharing arrangement. Other partner then suspected that income was being diverted and the distributions to him were less than the 50-50 split they had agreed upon.

After owner of tobacco retail store died, decedent's family (Plaintiffs) sold business to store manager (Defendant) who later sought to renegotiate terms due to COVID. Family suspected buyer actually wanted to fund other business ventures and declined the request. Manager eventually liquidated the business and defaulted on the sales contract. Action brought for breach of contract and fraud. Defendant filed cross-complaint alleging fraudulent inducement.

Successfully resolved a contractual dispute between a large scale distributor of electrical products and a smaller company hired to assemble "kits" for monitoring residential solar panel generated energy use and home security devices. The dispute arose regarding responsibilities of each party for sales and what to do about prepaid installation and software costs if sales did not occur.

Resolved dispute over a contract negotiated by an employee who allegedly lacked authority to bind the company. Plaintiff, a promoter of cultural events, filed suit against a rodeo production company for failure to honor a contract negotiated by one of its employees. Production company claimed that employee had no authority to bind company and that employee kept all money received from Plaintiff.

Plaintiff company had contract to provide dietician services to defendant health care facility on a "per encounter" basis. Defendant suspended payments when it learned its chief operating officers was plaintiff's husband and suspected conflict of interest.

Wealthy Saudi family claimed several investment companies, a prominent international bank and others mis-managed nine figure portfolio. Claims of fraud, negligent misrepresentation, conversion and breach of fiduciary duty alleged. Defendants claimed plaintiffs had “unclean hands” and were largely responsible for losses.

Plaintiff loaned $1 million to film company for post-production services. Defendant, an actor and director, signed Continuing Personal Guarantee, but did not pay upon loan default. Defendant filed cross-complaint for declaratory relief claiming he was coerced into signing agreement and sought to have his name on credits once film released.

Celebrity chef and restaurant owner both claimed non-compliance with partnership agreement. Claims of breach of contract and fiduciary duty. Determining value of restaurant major issue.

Securities fraud where plaintiff claimed $6 million loss when business partners bought his 12.5% ownership interest at a share price based on false information and sold entire entity to international tobacco company at much higher share price, all in violation of California Corporations Code sections 25400 and 25500. Defendants claimed case was one of “seller’s remorse” and that plaintiff, holder of JD and MBA, had accurate information. General counsel to company also named as defendant.

Plaintiff had several “handshake” deals with lifelong friend and former business partner regarding loans to buy interests in restaurants throughout United States. Defendant disavowed agreements and claimed plaintiff was solely responsible for repaying loans.

Plaintiff paralegal worked at a law office for decades and claimed defendant promised him $5 million for several years of work. Over a five-year period, plaintiff filed seven different lawsuits alleging breach of contract, wrongful termination, fraud, and intentional misrepresentation. Defendant filed a partition action concerning commercial building jointly owned with plaintiff.

Clothing manufacturer sought payment from retailer for large order. Retailor claimed orders were fraudulent and product was not in compliance with specifications.

Franchisor of restaurant chain may not have been properly registered when it entered into contracts with plaintiff to operate several locations in Southern California. Franchisee sought recission of agreements and reimbursement for hundreds of thousands of dollars in start-up costs. Franchisor claimed exemption to registration requirement and cross-complained for breach of contract.

Homeowner allegedly harassed by homeowner’s association for noncompliance with rules relating to vegetation and parking. Claims included breach of governing documents, fiduciary duty and implied covenant of good faith and fair dealing.

Defendant allegedly stole music royalties from now deceased 1960’s music composer. Successor in interest filed claims of fraud and conversion. Defendant asserted royalties were legitimately purchased many years ago.

Co-owners of 20-year-old engineering firm had disputes over large withdrawals by one partner and his attempt to set up separate business and allegedly steal firm’s clients.

Recruiter and placement specialist for staffing company that provided nannies and to high profile, high net worth people throughout the world allegedly misrepresented her qualifications, stole confidential information and attempted to set up competing agency. Claims of breach of fiduciary, conversion, misappropriation of trade secrets and interference with prospective economic advantage.

Electrical engineer with no investment experience agreed to provide funds to defendant for celebrity three-on-three basketball tournament at USC to be live-streamed. Event never took place, in part, due to COVID pandemic. Claims of fraud, unjust enrichment and breach of contract.

Plaintiff purchased several licensing agreements for use of railroad corridor property for petroleum pipeline. Dispute arose regarding specific width of corridor and fair market value after agreements expired.

Insurance broker offered major blue jean designer and manufacturer (plaintiff) “unique” option to self-fund worker’s compensation insurance. Plaintiff claimed it overpaid by $1million and that insurance strategy was deemed illegal in California. Broker and insurance companies filed cross-complaint for breach of contract.

Lighting company allegedly manufactured and sold defective lights to retailer, who in turn sold to public. Buyer filed action for breach of sales contract, breach of implied warranty of merchantability, indemnity and contribution.

Plaintiff water district sued defendant farming company for damages based on allegations that it failed to pay rent and obtained a benefit from alfalfa crop they grew on the leased land and subsequently sold at significant profit.

Proposition 65 claim against manufactures of adult sex toys for failure to warn of possible health hazard.

Medical billing dispute arose when insurance company representative gave telephonic approval for several surgeries, but company later denied claim.

Insurance company claimed that hospital double billed for same procedure over a period of several months. Hospital asserted that codes were not accurately interpreted and no improper bills were submitted.

Chinese nationals seeking EB-5 immigrant investor visas claimed defendant investment company submitted false information to federal government that derailed their attempt to gain permanent resident status in U.S.

Defendant, former president of investment company, allegedly misdirected corporate assets to purchase Gulf Stream jet in name of aviation company he set up without consent of plaintiff. Defendant was subject to federal indictment for other alleged fraudulent schemes.

Large hospital rendered emergency medical care to several patients covered by defendant county health care plan. Defendant allegedly underpaid for such services.

Insurance coverage dispute arising out of asbestos bodily injuring lawsuit where plaintiff sought all sums for the defense and indemnity from insurance company. Insurance company sought retrospective premiums from 1971-1986.

Subrogation case involving a fire at a rental property the plaintiff’s insured rented to defendants. Cause of fire was either old wiring under house or failure of tenant’s surge protectors.

Out –of- network surgery center claimed health insurance company orally agreed to pay “usual, reasonable, and customary rates” but only paid small fraction of that amount. Defendant claimed its representatives only verified members’ insurance coverage and available benefits.

Tire recycler failed to pay monthly fee and was denied access to warehouse where his product was stored. Warehouse owner claimed there was no “lease” but only a license to store property, which limited recycler’s rights to access portion of warehouse and allowed for disposal of property when payment stopped.

Plaintiff was hired to customize pre-established blog page with promise of a percentage of the income generated through placement of ads. Plaintiff claimed defendant failed to make entitled payments and fraudulently redirected traffic to other websites.

Plaintiff claimed he suffered emotional distress when bank could not account for jewelry, gold bars and letters from father that had been placed in safe deposit box. Bank claimed plaintiff failed to pay rent for box and was given adequate notice that property would be submitted to the state or sold at auction.

Plaintiff sold recycling business and land to friend and fellow church member for $4 million. He loaned buyer $400,000 to help him finance transaction, but buyer defaulted on note. In a cross-complaint, defendant claimed seller mispresented likely profit margin and filed fraud action and sough lost profits.

Firearms dealer with “Class 7” license brought in partners to expand out of state. Disputes arouse over documentation of sales transactions and access to cloud stored records. Breach of contract and of fiduciary duty claims.

Breach of commercial lease where tenant claimed force majeure and COVID hardship. Unlawful detainer seeking back rent of $450k also filed by landlord.

Fire in parking lot below three stories of office space in Hollywood commercial area. Breach of contract and negligence claims filed against building owners. Vagrants may have caused fire. Unlawful detainer seeking back of $450k also filed by landlord.

Attorney represented individual in unsuccessful Unruh Civil Rights action involving sea food company driver parking in handicapped parking space. Defendant in that action filed malicious prosecution claim against plaintiff and his attorney.