Business and Real Estate Litigation

Punitive Damages in Fraud Lawsuits and other Business Lawsuits

Plaintiffs may only seek punitive damages in a tort lawsuit, such as fraud lawsuit.  Punitive damages are not recoverable in a simple breach of contract lawsuit. Moreover, recovery of punitive damages in a tort case hinges upon the plaintiff’s ability to prove by “clear and convincing” evidence that the defendant acted with “oppression, fraud or malice ” — “Malice” exists if… READ MORE

Can I Sue a Director on my Home Owners Association Board?

Generally speaking, you cannot sue a director on your San Diego homeowners association board for negligence in performing their duties, as long as they performed their duties: In “good faith,” In a manner that he or she believed was in the best interest of the San Diego homeowners association (and its members), and With the care of a “reasonably prudent person” in “similar… READ MORE

Are there Ways Around the Statute of Limitations in California?

Yes.  Plaintiffs should be aware of several points of law to potentially circumvent the statute of limitations defense: Verify when the Statute of Limitations Ran (and if it actually did).  First, realize the statute of limitations doesn’t start to run until all elements of a claim occur.  And, the statute of limitations periods do not begin to run until a… READ MORE

Can I Solicit My Former Employer’s Customers in California?

Generally speaking, yes — former employees can compete and solicit a former employer’s customers.  Often, employers will try to scare former employees into thinking otherwise.  Worse, employers may threaten or bring a breach of contract lawsuit against the former employee for solicitation – often alleging the breach of a non-compete agreement. In California, generally speaking, any contract that attempts to restrain someone from… READ MORE