When a large group of individuals are injured by the actions of a person or company, the class action lawsuit allows them to pursue their legal claims even where the damages personal to each individual may be small. Because attorneys’ fees are recoverable in class action suits, litigation attorneys are…
In order to discourage unreasonable delay in bringing civil lawsuits, all states have established certain time limits within which a legal action must be brought, more commonly known as the “statute of limitations.” Some states, including California, have also adopted what are known as statutes of repose which act as…
Continued from “Starting a New Business In California – Hiring Employees”. To conclude our series on starting your own California business, we turn to examining the legal health of your company as it moves forward. In essence, a legal check-up is a business risk assessment. New and growing businesses may…
Now that you’ve committed to starting your new business, developed a solid business plan, obtained necessary financing, decided on a business entity and entered into a commercial lease, it’s time to consider the hiring of employees. Whether or not to hire employees is a critical decision all new San Diego…
It is more common than one might imagine for a commercial tenant to pack up and leave the premises rather than negotiate with its landlord for lease termination. This is most often because the business owner/tenant is far behind in rent and doesn’t believe that there are any other options…
A limited liability company is a type of legal entity that possesses many of the same characteristics as a standard corporation. A limited liability company, or LLC, is attractive to many business owners because it combines the limited liability feature of a corporation with the flexibility of a partnership. A…
There are a myriad of provisions in commercial leases that benefit either the lessor, lessee, or, in certain circumstances, both. As the provisions contained in a commercial lease can drastically impact the rights and obligations of the parties, it is of particular importance that each party effectively negotiate its position…
Generally, corporate officers and directors have a fiduciary obligation to the corporation and its shareholders that requires them to act in good faith, use their best judgment, and do their best to promote the corporation’s interests. Collectively, this set of obligations is known as an officer or director’s fiduciary duty…
Commercial lease clauses can significantly impact the rights and obligations of landlords and tenants. Subordination, non-disturbance and attornment (“SNDA”) provisions are standard in commercial leasing and they have a substantial affect on the nature of the relationship between the landlord’s current and future tenants. As such, consideration of such clauses…
Under California law, oral contracts (verbal agreements) are generally valid and enforceable. However, due to the uncertainty inherent in oral agreements, in some circumstances, a written record of the contract is required to make it legally binding. California has statutory provisions, codified in Cal. Civ. Code. section 1624 and commonly…