Last March, businesses across the state of California were forced to temporarily and permanently shutter their doors. For business owners considering filing an insurance claim for business interruption resulting from the pandemic, now is the time. What’s more, if your business filed a claim that your insurer has disputed, you may [...]
Failure to exercise reasonable care when supplying information that could significantly impact one’s life is cause to validate negligent misrepresentation.
When an aspect of law that we do deal with, which is litigating and resolving disputes in property, employment, and business disputes, and we're working in those 3 areas that have a we recruit a knowledgeable associate who excels in matters of the types to come assist us with the case.
In California, the issue of nonsolicitation provisions with regards to solicitation of employees has not been conclusively decided. However, the California legislature and California courts have set a strong precedent against these kinds of provisions.
Without that case number, without the lawsuit, without a filled complaint, you have nothing more than a breach of another agreement.
Entering into a business relationship with someone can often be a fun and exciting experience. Partners can be great to work with and may offer new, innovative concepts to develop your projects and ideas into realities. Additionally, partnerships can be a great way for budding businesses and firms to share expenses related to starting an entrepreneurial journey. However, these very common types of business collaborations can lead to some sticky situations if things go awry.
A lot of our work is done in teams where you have a law clerk, paralegal, and an attorney all assigned to your matter. The end result of this is that you can effectively litigate without burning the budget.
The challenges in a motion to strike or a demur is that in the early stages, the pleadings are taken as if everything said in the pleading (being the complaint) is true. You cannot bring in extrinsic evidence to argue or try to change or go in derogation of what's in the complaint and what's been pled.
There are two different classes of attorneys, as far as most legal work goes. There's transactional and litigation, and at our firm, we focus on litigation. The type of transactional work we typically do is a by-product of litigation.
“Trial lawyer” and “litigator” are often interchanged as though they mean the same thing. A litigator may be a great trial lawyer, and a trial lawyer may also be a great litigator. However, there are differences in the terminology.
A big motivator in lawsuits is expense, and one of the primary expenses for smaller lawsuits are the attorneys' fees. Attorneys' fees are incredibly expensive, they're prohibitive, they're why attorneys have a bad name some times, but to be honest, all the attorney has to sell is his time.
Breach of contract cases can be extensive and costly for all parties involved. There is a lot to document before you can even file suit and, as time is money, unpaid dues can balloon quickly with interest accumulation. Webb Law Group would like to take you inside a recently settled breach [...]
Nonsolicitation agreements are binding and can land a former employee of a company in hot water for unfairly competing by trying to poach clients from their previous employer.
Some of the most common cases we have here at Webb Law Group involve matters of breach of contract. When fraud is involved, the damages not only escalate financially, but also emotionally. It's a stressful situation when you make an agreement with someone and they don't fulfill their end of the bargain.
Imagine being a lender and loaning someone $100,000 and not being able to collect on the interest or even the original borrowed amount. Now imagine instead if you collected interest on that loaned amount, but due to violating a California law on the loan had to pay back the borrower 3 [...]
Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a Breach of a Royalty Agreement Contract within the context of this real case. We will take you from the Complaint [...]
Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a professional negligence case within the context of this real case. We will take you from the complaint to the conclusion, [...]
Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a breach of contract within the context of this real case. We will take you from the complaint to the conclusion, providing a segue from legal problem to solution, with the strong support of Webb Law Group's team of attorneys and staff.
A breach of contract occurs when an agreement between two parties is not honored and any or all of the terms have been violated. When a breach of contract has occurred, the adverse party will often seek damages in order to recover losses from the contract not being honored. There are [...]
A cease and desist letter can be a nightmare for a business owner. More often than not, an order to cease and desist comes unexpectedly. Most ethical business owners do not intend to do anything that would infringe upon another business owner's rights, but it can happen accidentally or without the business owner's knowledge.
Contracts are very important for many reasons. Not having a contract and going strictly off of a handshake or a spoken agreement can make your case pretty shaky in court. It's not undoable, granted, but it's difficult. It's just hard to prove anything if there isn't some form of documented evidence. [...]
One of the most important decisions a business owner can make when establishing a new business is whether to establish the business as a California Limited Liability Company, LLC, or as the California S Corporation, S-Corp.
Breach of contracts can often times be settled out of court. It may take a little coaxing, a few reminder letters, and you may even have to threaten legal action, but often you can get an individual who owes you money through a breach of contract to pay. Regardless of whether [...]
Running a business can be tough. Trying to get the clients to make payments is hard enough. When your clients or customers won't pay, things are even worse. There are lots of options available to you in collecting from customers that won't pay, but a good idea is to start out [...]
Running a business can be tough. Trying to get the clients to make ends meet is hard enough. When your clients or customers won't pay, things are even worse. There are lots of options available to you in collecting from customers that won't pay, but a good idea is to start [...]
Non-compete agreements are almost always found to be unenforceable in California, with only a small list of very specific exceptions listed in the statute. A notable exception is that non-compete agreements are enforceable against former owners of a company who agree to such a clause with reasonable limitations in time and geographic scope.
Cybersquatting, sometimes referred to as domain squatting, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. This is the term as defined by the United States federal law known as the Anti-cybersquatting Consumer Protection Act.
Having a great idea can lead to a product patent and ultimately make you money. Learn the process of getting a patent and make sure no one steals your ideas.
Sometimes parties to a lawsuit will find themselves in a situation in which multiple Plaintiffs are suing a particular Defendant for the same cause of action and/or based on the same facts. This most often occurs in a class action lawsuit, however it is possible for this to occur without a [...]
SERVICE OF PROCESS Serve Defendant after Complaint Filed – 60 days after filing. [Source: CRC 3.110] Serve Doe Defendant Added via Amended Complaint – 30 days after adding. [Source: CRC 3.110(b)] Deadline to file Proof of Service of Summons and Complaint (proving to Court Defendant was served) – 60 days after serving complaint. [Source: CCP § 583.210] [...]
Tom works for a marketing company that handles online marketing campaigns. His company has a general marketing strategy that they utilize in their business to successfully attract clients and effectively market them. Tom is laid off by his company and goes into business for himself. He ends up building a successful [...]
With the internet growing more and more in usage for business purposes, it's no surprise that more and more business litigation matters involve online crimes. Everything from website copyrights and online marketing strategies to cases involving hacking and theft of online "property" are capable of being business litigation matters that end [...]
Trade secrets are sometimes more valuable to a company than even a large sum of money. How a company does business, from its manufacturing processes to its client lists, is valuable information that could cost a company dearly if revealed. If a secret formula or manufacturing process for a product is [...]
Covenants not to compete, also known as non-compete clauses, are very common and popular additions to employment contracts. These clauses are written by the employer in order to prevent former employees from either working for or starting a similar company in a comparable field. The concept is protection from former employees [...]
A promissory note is a signed and legally binding document containing a written promise by the borrower to pay a stated sum to a specified person or the bearer at a specified date or on demand. Promissory notes are used for a wide variety of loans including but not limited to [...]
Imagine your company decides to purchase a business. The business is up for sale at a great price and seems a worthy investment for future revenue. You purchase the business, oversee a merger, and quickly begin to start generating revenue from your new enterprise. Everything seems great, right? Two years later, [...]
Lawsuits involving breach of contract are becoming more and more common. There are many reasons why a breach of contract lawsuit may be necessary. Often times, an individual or company may fail to deliver the services or products for which they were paid and refuse a refund. Other times, this individual [...]
You’ve worked hard to build your business into a successful organization that is run professionally and legally. If you’re like most legitimate business owners, you seek to run your business in a manner that makes money while adhering to basic standards of business ethics. More importantly, you take the law seriously. [...]
A lawsuit has the potential to be devastating for your business. You’ve worked hard to build your company into something that is financially successful and capable of building pride in yourself and the employees that work under you. There is no reason to put your business at risk for a lawsuit, [...]
The best time to prepare for a business lawsuit is before you have been sued or the need arises to file a lawsuit against someone or a business. There are several ways to survive a business lawsuit after the process has started, but remembering to be proactive in all that you [...]
Fresno Business Litigation Attorney
Protecting your business from fraud is a daily task that is draining if ignored. Prevention is both time saving and can save the company if a lawsuit is filed. When owning, or being a part of a business both big and small, your name is on the line when it comes [...]
How does fraud impact a business? Some statistics may alarm you. Business Fraud Statistics (click for larger view)
If you find yourself in a situation where you have entered a contact, and have met the obligations per the terms, but you cannot get the other party to fulfill their obligations, you may be in need of filing a breach of contract lawsuit. There are several things you need to [...]
Webb & Bordson discusses the FCRA and employers failing to properly notify potential employees of when a consumer report will be obtained.
Webb & Bordson discusses questions to ask your potential litigation attorney.
It’s one of the worst things you can ever find yourself facing in any kind of business. A lawsuit has the potential to rock everything you do right to the core and leave you with a mess that takes years to clean up. That’s assuming of course that it doesn’t turn [...]
There are times in business when a non-compete agreement is an absolute must for the sake of all involved parties, though the actual agreement itself is the subject of much misunderstanding. From what it involves to the way in which it is both produced and enforced, it’s important to understand at [...]
Litigation is time consuming and expensive. Instead, many opt for dispute resolution whenever possible because it eliminates the need for a jury and provides more control for the parties. The two primary types of dispute resolution in the American court system are mediation and arbitration. If you are looking into dispute [...]
Your payment to the insurance company is a contract of sorts. An insurance company's failure to defend you could lead to a breach of contract action.
The thought of going to court to settle a business matter can be overwhelming. Generally this type of business dispute can take a great toll on your business, and some companies never return to the pre-law dispute status. Business ligation could be between business partners (click here read our blog on [...]
Managing Partner Lenden F. Webb: "Webb Law Group, APC’s attorneys represent commercial domain name registrants in portfolio protection matters, trademark infringement threat letters and litigation. Our understanding of cyber squatting and trademark law ensures that our litigation techniques are not only advanced but comprehensive and cost-effective. Our firm also engages in complex litigation [...]
Here at Webb and Bordson, APC we hope that you never have to go through the pain of a business dispute litigation process. On that note, we want to give you some handy and valuable business tips that may keep you and your business out of the court system or may [...]
More than ever, consumers have the free reign to voice their opinions about products via the Internet. Whether the consumer is completely satisfied or dissatisfied they still have the ability to let their voices be heard in the loudest way possible. Consumers who want others to know about their dissatisfaction create Internet “gripe” sites. “Gripe sites” are websites devoted to critiquing a person, place, corporation, or products. Further they allow other consumers to chime in on their unpleasant experiences with a company or product.
Double jeopardy is a law that stops the government from trying a defendant more than once for the similar or same charges following a legal conviction or acquittal. In addition, the legal theory of double jeopardy protects a person from being subject to successive punishments for the same offense. California has [...]
As a breach of contract attorney in San Diego, I know suing or getting sued for breach of contract requires three elements which may be compared to a camera’s tripod. Like a tripod, if one element or “leg” is missing, then the tripod or case cannot stand. The three elements that [...]
Nearly every legal claim has a statute of limitations. Some are as short as thirty (30) days. Others may be longer. The concept of statute of limitation came about after World War II and the war crimes trial of Nazi officers. The statute of limitations for war crimes is rather long.
Financial or business fraud is defined as a case wherein financial resources are not legally and ethically managed. California law allows a person to file for fraud under these circumstances: intentional misrepresentation, negligent misrepresentation, concealment or failure to disclose relevant data with intent to defraud the victim, and a false promise.
No deal is ever written in stone. Partnerships for whatever reason may be broken. Be it bad faith or bad habits, the break-up of a partnership is almost always painful. You (and your partners) are at a quandary as to what to do next.
When you are thinking of going into business in California, you may consider forming a corporation or a limited liability company (LLC). With both these organizations, you are protected from personal liability. Thus, if someone were to sue you, you can rest in peace with the thought that your personal property will not be included as settlement for liabilities.
Have you obtained a Judgment against a Defendant who is either located in another state or whose assets are located outside of California? Do you have a judgment from another state that you are trying to enforce in California with no results? Are you worrying that you may never collect against such a Judgment Debtor?
If a person owes another a very huge amount of money, the latter may simply fear not receiving a single cent of the debt. Such a situation happens frequently in civil cases. For example, you won in a civil case and the court ordered your opponent to pay you so much in moral and exemplary damages.
Putting up a business in America's eighth largest city requires knowledge of and compliance with business laws, which a proficient San Diego business attorney can help you with. California corporate law stipulates some state requirements for the creation of a new company or business. Once you have complied with these, your business can be recognized as a juridical entity.
Trade secrets by definition are confidential pieces of information that are proprietary in nature. Many different types of information can be considered confidential.
When a case is presented to the court for bad faith, the court will simply employ the standard of “reasonableness.” In other words, the court will determine if the actions of the company are reasonable under the circumstances.
Unfortunately, a number of insurance companies (or their marketing agents) may be engaged in unfair practices. It is precisely because insurance is a matter of public interest that California has enacted legislation to protect consumers.
Another business using an identical trademark as yours could sow confusion in the market. Who’s really selling what to whom? And that could mean lost revenues for your company.
A business litigation attorney from San Diego, Lenden Webb, advises that one key factor to getting the most from your legal team is to trust them with all the relevant information you can give them. That means you have to tell your attorney everything.
Many employers consider covenants not to compete in employment agreements essential to protecting their confidential information, their companies, and their top employees from former employees whose departures raise the threat of unfair competition.