Running your own business can be a rewarding and fulfilling experience. There's the thrill of acquiring your first customers, the pride of creating jobs, and the feeling of success as you generate revenue and grow your business.
But sometimes business disputes arise and those disputes can't be resolved through negotiation or arbitration proceedings. And then there are those cases of bad actors that are committing theft or are simply fraudulent. The good news is that in all of those cases, business litigation can be used to remedy the situation.
Whether it's a private individual or a business entity that you have a legal issue with, Counts Law Firm can help you resolve the matter. Counts Law Firm advocates on your behalf to get the settlement, judgment, injunction or award you deserve.
Business contract litigation disputes can include any of the following: breach of contract, breach of warranty, fraud, breach of fiduciary duty or contract negligence claims. Business contract litigation often overlaps with other practice areas, such as Collections, Debt Negotiation, and/or Real Estate. The advantage of Counts Law Firm is that we have years of experience in each of these business litigation practice areas so we know how to navigate the subtle nuances when there might be overlap. Contracts may be oral or written. In either case, our office would assist you in developing a strategy, organizing your evidence, proving your case and maximizing the value of your claim.
In order to be considered a breach of contract the following elements must be in place: (a) written or oral contract; (b) performance or excuse for non-performance; (c) breach or default; and (d) monetary damages or loss.
In order to enforce a contractual obligation, a party must have performed its own conditions under a contract, or have a valid excuse that the other party prevented or waived its performance. (C.C. 1439)
It is important when claiming breach or default, that the facts constituting the other party’s breach of contract must be stated with certainty. For example, if the obligation of the contract is to pay money, the breach consists of nonpayment. Or, the contract may call for performance of some service, delivery of goods, or something other than payment of money. Where the action is based on an anticipatory breach, the complaint should allege defendant’s repudiation. Negligent acts of performance may also be alleged as a breach.
Actual Damages: For the breach of an obligation arising from contract, the measure of damages is the amount required to compensate for the breach or the reasonable value of the services. [Civil Code 3300].
Consequential Damages: Reasonably certain profits or benefits which he would have obtained by performance of the contract. Liquidated Damages: Some contracts have predetermined fixed penalty amounts for damages. [Civil Code 3287(a)] Future Profits of an Established Business: If past experience has demonstrated the success of the enterprise and provides a reasonably certain basis for the calculation of the probable loss. Plaintiff’s Expenditures: The amount of the costs expended in preparation and performance in reliance on the contract. Mental or Physical Pain & Suffering is not compensable from a breach of contract in the absence of physical injury.
Interest: Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day [at up to the judicial rate of ten percent per annum] (C.C. 3287(a)).
Punitive Damages: If the wrongful act related to the contract is also an intentional fraud or theft of property [Civil Code 3294].
Attorney Fees: Attorney fees may only be recovered if the contract has a specific provision in writing for the recovery of attorney fees in the event of a breach or lawsuit. Alternatively, certain types of agreements have statutory attorney fees imposed even if the contract does not contain an express attorney fee clause. In any event, the court ordinarily awards the prevailing party is actual court costs, plus any contractual or statutory attorney fees.
Ask yourself this: Who is better to have in your corner for a business litigation case than someone that does it everyday? We understand the nuances of California business litigation, and we know all too well the ways that companies and individuals try to avoid doing what’s right.
If you suspect you have a business litigation case, don’t wait until the other party acts to contact us. Time is of the essence, and business litigation cases favor the prepared.
We will help you develop a strategy and course of action. Then we will guide you through the process of filing or responding to a complaint, and lead the discovery negotiations, trial, and post-judgment process. We’ll be at your side working with you to make the right decision every step of the way.
We are fully prepared to appear with you in arbitration and file or respond to a lawsuit in court. We will give you all of the information you need in order to make the decision about which is best approach.
Counts Law Firm is committed to maximizing value on our client's behalf.