• Fee dispute between attorneys representing plaintiff in personal injury action.  Breach of contract claim brought by medical professionals and counsel. 

  • Dispute regarding dissolution of a partnership of attorneys in which plaintiff attorney claimed he was not compensated for litigating large complex case while a partner at the firm.  In addition, plaintiff’s complaint set forth allegations of fraud in seeking punitive damages.

  • Dispute between a headhunter and a client, wherein the headhunter alleged that it provided the client with two candidates, both of whom the client hired, although one candidate was hired for the advertised position with a different title.  Headhunter alleged that the client requested to make payments over time, and that the full amount of the fees due were not paid.  The client denied that any further payments were due.

  • Dispute regarding allegations of default on a promissory note.

  • Dispute regarding an employment contract with plaintiff who alleges that she was hired as president of an investment house, but the investment house misrepresented its financial condition, and reneged on its written approval of plaintiff’s continued role as an operating partner in another concern, which provided substantial funding for the investment house.  Executives of the investment house terminated plaintiff after objecting to her continued role as an operating partner.  Plaintiff filed an action for breach of contract, promissory estoppel, breach of implied in fact contract, failure to pay wages, negligent misrepresentation, intentional misrepresentation, and wrongful termination in violation of the public policy against gender discrimination. 

  • Dispute arising out of an alleged breach of written and oral agreement for development and sale of commercial real property. Plaintiff investor brought causes of action for breach of contract, breach of the covenant of good faith and fair dealing, fraud, intentional deceit, and violation of Civil Code 1709, naming as defendants the developer, real estate broker, and agent seeking monetary damages. Plaintiff alleged that defendants’ fraud resulted in the failure to develop a strip mall shopping center and in the loss of his monetary investment.

  • Complaint for involuntary dissolution of limited liability company.

  • Complaint by individual investor for breach of contract, negligent misrepresentation, money lent, and fraud, against out of state corporate borrower. Plaintiff alleges that he advanced investment funds, and when defendant defaulted on cash repayment, defendant then attempted to renegotiate repayment to include stock in defendant’s company. Defendant did not repay the loan in cash or in stock.

  • Complaint for dissolution of partnership, expulsion of partner, accounting, conversion, breach of oral contract, breach of implied contract, breach of fiduciary duty, negligence, violation of Corporations Code sections 16401, 16403, 16404, declaratory relief, and unjust enrichment.

  • A tradesman sued a competitor for violation of Civil Code section 3344 (unauthorized use of likeness), false advertising, and unfair competition under Business and Professions Code section 17200 et seq. Plaintiff and defendant worked together for years, then became competitors, and defendant allegedly continued to use plaintiff’s likeness without plaintiff’s consent. Defendant allegedly also made other misrepresentations.

  • Antique seller sold to owner of historic property paintings, sculptures, artwork, chandeliers, sconces, mirrors, tables, and chairs, over two years. The property owner returned some items, and failed to pay for other items. The antique seller filed an action for breach of contract, goods sold and delivered, account stated, open book account, and conversion.

  • Wholesale apparel merchant alleged that it provided unfinished whole goods (denim pants) to a denim wash house to fill a large order for washed denim pants. The wash house allegedly failed to return the washed denim pants in time for the merchant to fill the order, and the merchant lost the order. The merchant filed an action against the wash house for breach of contract, conversion, fraud, unjust enrichment, and unfair business practices under Business and Professions Code section 17200 et seq.

  • Tour headliner entered into oral contracts with individuals to provide tour services for warm up acts, emcee services, DJ, tour bus driver, security services, and other tour related services. Headliner allegedly did not pay for these services, and the individuals sued for breach of contract, promissory fraud, and unjust enrichment.

  • Provider of transportation, logistics, and storage services entered into a settlement agreement with a client in arrears for hundreds of thousands of dollars. The client did not fully satisfy the terms of the settlement, and the provider of transportation services filed an action for breach of contract and for quasi-contract to enforce the settlement.

  • Wholesale grocer alleged that it sold goods, wares, and merchandise to a store, which failed to pay for them in full. Wholesaler sued for open book account, account stated, the reasonable value of the goods, and attorney’s fees.

  • Hair leased space to be improved to salon’s specifications prior to holiday season in a large commercial center. The improvements were not timely completed, and large tenants in the development were allowed to block salon’s storefront and parking spaces with construction equipment, materials, fencing, storage bins and merchandise. This impaired access by appointment customers and by walk-ins. Salon filed action for breach of contract, fraud, misrepresentation, conversion, breach of the implied covenant of quiet enjoyment, negligence, and declaratory relief.

  • Nevada resident sued a California automobile manufacturer under Civil Code sections 1791.1, 1793.2, 1794 for breach of express written warranty, failure to repair, refund, breach of the implied warranty of merchantability, and breach of the Magnuson-Moss Act, 15 U.S.C. sections 2301, 2308, and 2310.

  • Purchaser of a new Ford Focus alleged that she sought repairs at least four times, yet not all defects and nonconformities were eliminated. Purchaser sued the manufacturer and the dealership for breach of implied warranty of merchantability under the Song-Beverly Act and the Magnuson-Moss Act, and for breach of express warranty under the Song-Beverly Act and the Magnuson-Moss Act.

Business, Breach of Contract

REPRESENTATIVE CASES