BUSINESS SUITS

• Corporate Disputes
• Partnership Dissolutions
• Contract Breaches
• Collections
• Unfair Competition

REAL PROPERTY SUITS

• Evictions
• Property Sales
• Easements or Boundaries
• Construction Defects
• Mechanics Liens

Corporations are governed by their articles of incorporation, bylaws, and the California Corporate Code. We assist our clients with prelitigation planning involved in disputes between shareholders, directors, and officers of corporations. When irreconcilable differences occur that cannot be mediated, we will seek court ordered corporate dissolution, injunctions, damages, and all other appropriate remedies for our clients.

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Partnerships are like marriages and not all partnerships survive. Irreconcilable differences arise between partners and we counsel our clients on prelitigation strategies necessary in order to properly dissolve a partnership. When necessary, we represent our clients in obtaining court-ordered dissolution and allocation of partnership assets and liabilities.

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The vast majority of civil lawsuits involve some form of contract breach. Most business relationships involve oral or written contracts. Frequently, lawsuits are necessary to enforce or defend against contractual breach. We advise our clients of their responsibilities and remedies. We pay particular attention to whether our client will be entitled to attorney's fees either through the contract or through some other law. We like to win and we use endless creativity and a boudless imagination to help our clients prevail.

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A collection lawsuit seeks money damages for the defendant's failure to pay a contractual obligation. We represent both creditors and debtors in collection litigation. As attorneys for creditros we have found that an aggressive attitude toward collection litigation frequently pays larger and quicker dividends to our clients. In one case we filed a lawsuit on May 2nd seeking $230,000 from a leasing company owned and operated by attorneys. The court granted us a pre-judgment writ of attachment, the sheriff's office seized $230,000 in each of two separate bank accounts (total of $460,000), and the law suit was settled by May 14th. Obviously, we do not guarantee that we will win every law suit in 12 days, but we have found that if we work harder and smarter our clients can collect more of the money damages that they are owed.

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Unfair competition is a law suit in which a business competitor competes wrongfully. The competitor may be breaking a law. In one case a wrongful competitor used our clients name to create a website that directed our client's customers to the competitor's website.

In another case an employee obtained a ficticious business name, created a website, solicited customers, hired an employee, and utilized the discounts our client had negotiated with its vendors to compete with our corporate client. The employee began these activities nine months before he was caught and terminated by our corporate client.

Our first step in an unfair competition law suit is to stop the wrongful activity with a court-ordered injunction. Our second step is to obtain proper compensation for our clients by way of damages, including court costs and attorney's fees where appropriate.

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We advise property owners, property managers, and tenants in legal issues regarding commercial and residential tenancies. We represent both landlords and tenants in eviction actions, known in legal terminology as “unlawful detainer” actions. We understand that whatever amount of money is at stake in our client’s dispute, tenancy issues are crucial to both landlords, who need to realize profitable income from their property, and to tenants, who need a location to operate their business or a home to shelter their family. Our policy is to seek prompt resolution of such actions, including by mutual settlement prior to trial if possible. However, we go to trial on perhaps 70% of unlawful detainer actions we file for landlords or defend for tenants.

Unlawful detainer proceedings must strictly adhere to statutory guidelines, so we help landlords comply with all mandatory prefiling and pretrial procedures, which can appear very complicated, to ensure they do not lose their right to recover possession of real property on a technicality. For our tenant clients, we carefully review the landlord’s compliance with the statutes to ensure it satisfies all mandatory criteria.

James Lund and Nathan Low have extensive experience in landlord-tenant issues. We have handled many such matters for our clients, from drafting leases, rental agreements, and rental application forms, to appearing at trial and in bankruptcy proceedings. Both Mr. Lund and Mr. Low are frequent presenters to attorney associations and the general public on the topic of tenancy issues and disputes.

Read our article on evictions entitled: "Landlords: Eviction for Nonpayment of Rent".

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