The Firm represents both plaintiffs and defendants in myriad variety of business litigation. From the simple breach of contract between buyer and seller, to class action defense, the Firm's litigators are retained to represent litigants with a need for smart and economical representation.
CONSTRUCTION DEFECT LITIGATION
The Firm defends subcontractors in the generally complicated, frustrating, and time‑consuming world of construction defect litigation. Often, the claimant sues every person/firm that had anything to do with the construction project. This generally means that the subcontractor who had a small part to play in the project finds himself/herself in the middle of protracted and contested litigation. Our goal in such a case is to craft a defense strategy that minimizes our client's exposure while also making our client's defense an economic possibility.
The Firm defends commercial landlords and property owners being sued by tenants. We also represent commercial landlords in their efforts to evict tenants when the unlawful detainer proceeding presents unique problems. On occasion, we accept representation of commercial tenants resisting unlawful detainer proceedings. While the Firm does not generally represent parties to a residential unlawful detainer, we have from time to time made exceptions. In any context, the law of landlord/tenant is extremely technical and requires a litigator with knowledge of the law and the ability to conduct fast and efficient research to confirm that the law is on our client's side.
Partnerships and limited liability companies seem particularly susceptible to litigation, either from the minority member, or between all of the partners/members. The Firm has been retained to represent both the frozen out minority, as well as the majority interested partners. Either way, we have attorneys who can get into court and seek the relief necessary to protect our clients. Often, this means injunctive relief or the appointment of a receiver.
When necessary, the Firm seeks the appointment of a receiver. This requires extraordinary action by counsel and the court, and in general, the court will only appoint areceiver over property in extreme circumstances. In practice, this typically occurs in one of three situations: (1) When a borrower (with a loan secured by real property) is in default, and the property is generating significant income flow that could fund the installment payments required by the loan; (2) when the property itself is in danger of being devalued or has in fact been devalued beyond the face amount of the loan, or (3) in the post judgment context, when a judgment debtor who refuses to pay a judgment, has the right to a stream of income generated by a particular property, either his own or in the control of a third party.
UNFAIR COMPETITION (B&P 17200) LITIGATION
Increasingly, litigants are using Business & Professions Code section 17200 as the proverbial sword in litigation. And increasingly, the Firm is retained to defend against such claims of unfair competition. Typically, this involves extensive discovery and when appropriate, a motion for entry of summary judgment. The statute itself is ever‑evolving, and the successful 17200 litigator must be aware of the constant flux of the statutory scheme as well as the issuance of seemingly daily opinions from the courts interpreting the statute. Our litigators are familiar with the statutory intent and scheme behind 17200 and pride themselves on being able to litigate these issues with an eye on extracting our clients from the litigation.