CONTRACT/GENERAL BUSINESS
Representative Cases
- Settled Song-Beverly Act claims for violation of express/implied warranties and for fraudulent inducement.
- Commercial unlawful detainer on a 20-year lease matter involving contract interpretation of language in the force majeure clause of tenant’s lease to determine its application to the impacts of COVID pandemic business restrictions.
- Three related cases involving claims of intentional misrepresentation, concealment and unjust enrichment related to payments for contractor services made through a subsidiary company that filed for bankruptcy resulting in adversary proceedings determining the payments were fraudulent transfers owed back to bankruptcy estate.
- Claims of breach of contract, breach of implied warranty and negligence based on alleged deficiency of wine tank foundation materials. Required technical understanding of material specifications and processes and involved complex legal analysis as to foreseeability and mitigation of damages.
- Claims of breach of contract, conversion, fraud, constructive trust, unjust enrichment, aiding and abetting and civil conspiracy related to contract for remodel and design of winery tasting room.
- Dispute regarding right to terminate a construction contract, requiring interpretation of “delay” language to determine applicability to COVID-related permitting and supply chain impacts.
- Claims of breach of contract and fiduciary duty, as well as negligence and negligent misrepresentation for insurance company’s alleged failure to properly insure against fire loss. Required interpretation of policy language and representations as to conditions of coverage.
- Issues as to scope of arbitration and findings on commercial lease termination involving question of Premises Total Destruction clause and meaning of “good faith efforts” prior to termination.
- Analyzed propriety of preliminary injunction as to representations of business partnership’s election and identification of managers and making distributions on partnership dissolution.
- Direct and derivative action alleging fraud, negligent misrepresentation, breach of fiduciary duty, waste, unjust enrichment, breach of contract against various partnership individuals and entities, requiring complex legal analysis as to shareholder standing, adequacy of pre-suit Board demand, and demand futility.
- Insurance carrier’s claims against vehicle manufacturer for mass defects involving issues of subject jurisdiction, forum, subrogation, assignment of claims, and equitable contribution.