As an experienced San Diego litigation attorney, this writer knows just how devastating it is when someone learns that a court judgment has been entered against them without their knowledge. This usually occurs via what is called a default judgment. The plaintiff serves a summons and complaint on the defendant…
Simply put, a default judgment is a judgment against a defendant who fails to answer a lawsuit. If a person or entity is sued and ignores the lawsuit entirely, the person or entity suing has the ability to get a judgment upon meeting certain criteria. The default judgment is a…
There are numerous challenges facing San Diego business owners especially in today’s economic climate. Fighting for a share in an ever tightening market makes it difficult to keep up with monthly outlays not the least of which are lease payments and common area maintenance expenses (CAMS). Commercial lease lawyers in…
In the simplest terms, consideration is value. Under California contract law, mutual consideration (the exchange of value) is an essential element in the formation of a contract. Without it, a California court will (as will all courts across the country) most likely deem a contract unenforceable. For instance, consideration is…
Most new businesses are required to enter into a commercial lease of one form or another. The owners of the business are typically presented with thirty to forty page leases set out in fine print on legal size paper. These standard leases are comprehensive and contain provisions that inexperienced business…
Dilution is a natural part of the corporate investment process, whether one invests in a startup or a public company that is growing. This article will provide a brief introduction to what dilution is, what causes it, and what effect it has on shareholders. What is dilution? Dilution refers to…
Remedies (types of relief sought by injured parties) can be either legal or equitable in nature. The recovery of money damages (monetary damages) is a legal remedy. An equitable remedy is designed to provide more flexible relief to aggrieved parties. The goal of equitable remedies is fairness. Injunctive relief where…
There are a number of reasons why a business owner might be motivated to end a commercial lease early. The most common reason is that a business is not doing well enough to keep up with the lease payments. Other reasons include changes in the local market, the need for…
Assignment clauses are an important part of commercial leasing. They provide successful tenants an opportunity to sell their businesses and provide failing businesses the possibility of finding replacement tenants in order to avoid breaching their leases. Generally, landlords retain significant control over the process. This article focuses on lease terms…
Generally, parties are liable for their own negligent conduct. An indemnity provision in a contract reallocates this liability from one party to another. Viewed practically, an indemnity clause shifts insurance obligations from one party (“indemnitee”) to another party (“indemnitor”). Under an indemnity clause, the indemnitor agrees to pay the indemnitee for losses…