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How do I Prove I have an Oral Agreement in California?

If your contract is not in writing, then you have to use other admissible evidence to show the court an agreement exists.  That could be: Testimony of you and the defendant Witness testimony Parties course of conduct (i.e., what they did after the alleged agreement) Documents, such as emails, letters, and faxes Financial statements Photos and video Websites Phone records Government records This list… READ MORE

Management and Profits Rights in a Partnership

Unless you have a valid partnership agreement, all partners have equal control over the management of the business.  Their contributions to the partnership (whether they be monetary, labor, or otherwise) are irrelevant to this default management authority. Similarly, without a valid partnership agreement saying otherwise, all partners share profits – and losses – equally.  And, no partner has a right to a salary… READ MORE

Liquidated Damages in a San Diego Contract Lawsuit

The default rule for contract damages is that the plaintiff is entitled to the harm foreseeably caused by the defendant’s breach. To avoid uncertainty, however, if litigation occurs, the parties to a contract may use a “liquidated damages” clause to determine damages in advance.  There are some limitations, however. A liquidated damages clause is generally valid, unless the defendant proves it was unreasonable under the circumstances when the… READ MORE

How to Defend a Fraud Lawsuit in San Diego

As lawyers like to say, this is a complicated question, and depends on the facts.  There are many defenses available to businesses and people sued for fraud. First, most lawyers would examine are whether the plaintiff can ever show all the elements it needs for a successful fraud case, among others: (a) a representation; (b) that was false; (c) that the plaintiff… READ MORE

Choice-of-Law Provisions in California Contracts

A “choice-of-law” provision is a clause in an agreement where parties agree that a certain state’s laws will govern litigation if the parties sue each other later, regardless of what state’s court hears the case. This is different from a “forum selection” clause, where the parties agree where the case must be filed. In California, the parties may agree to a choice-of-law provision if: The chosen… READ MORE