Dissolution of a mortgage loan brokerage firm.
Breach of a manager/artist contract. The contract provided for a post-termination period for commissions and the parties successfully negotiated to liquidate the uncertainty of that obligation.
Accounting of loans and claims from the proceeds of the sale of a business.
Plaintiff alleges that Defendant installed a fire sprinkler in Plaintiff’s spa that was improperly set to activate below 200 degrees F. The standard of care required that the sprinkler have an activation temperature of 250 degrees. The sprinkler activated when there was no fire and caused $1.35 million in water damage.
Plaintiff became a passive shareholder of her company and had no part in the day-to-day activities of the company. Plaintiff alleges that Defendant breached an Equal Compensation Agreement by fraudulently manipulating and concealing information so that her share of compensation was less than Defendant, the other shareholder of the company. Plaintiff also alleges that Defendant improperly managed the company resulting in a decline in profits.
Plaintiff alleged that Defendant defrauded her. Plaintiff contended that Defendant ingratiated herself with Plaintiff by claiming she was a psychic. Plaintiff was recently widowed and was susceptible to Defendant’s assertions. Plaintiff loaned Defendant $1.4 million and Defendant refused to repay this amount or to acknowledge the debt.
Plaintiff loaned money to Defendant, a high-end Beverly Hills jeweler, evidenced by six promissory notes totaling $4.5 million. Defendant made partial payments on the notes but ultimately defaulted on all six. Plaintiff claims an outstanding principal balance of $2.8 million plus interest.
Plaintiff and Defendant entered into an oral joint venture agreement. Plaintiff was obligated under the agreement to identify properties in Illinois for purchase for the purpose of rehabilitation/remodel and resale. Defendant was to provide all the financing for the purchase of the property and the costs of rehab. Defendant was to pay Plaintiff a $5,000 finder’s fee for each property and agreed to equally split with Plaintiff the proceeds from sale of each rehabbed property. Plaintiff alleges that Defendant did not pay him his share from the sale proceeds nor did he pay for the rehab costs.
Plaintiff produces wireless networking equipment, mobile accessories, energy management, a broad USB and cable mix, and smart home products. Plaintiff alleges that Defendant is an unauthorized retailer of Plaintiff’s products. Defendant sold Plaintiff’s products on the internet and misrepresented that the products were “new,” a designation that could only be used if the product being sold was supported by the original manufacturer’s warranties. Because Defendant was an unauthorized retailer of Plaintiff’s products, the products were not supported by Plaintiff’s warranties.
Plaintiffs entered into an agreement with Defendants for the operation of a vending machine franchise. Defendants agreed to allow Plaintiffs to franchise Defendants’ hot burrito machines. Plaintiffs allege Defendants breached the agreement by failing to provide the promised vending machines or any supplies.
Plaintiff is a successful and highly respected Los Angeles based wholesale dealer of diamonds, colored stones, pearls and fine jewelry, with a good reputation based on more than three decades of experience and expertise. Plaintiff is the owner of an import company established in 1978. This company is well known in the wholesale jewelry industry and has offices in Bombay, India. Plaintiff alleges that Defendant has engaged in a campaign of harassment, defamation and extortion of Plaintiff. Defendant has repeatedly asserted in various forums that Plaintiff is a criminal who has embezzled, aided terrorism and operates Ponzi schemes.
Plaintiff and Defendant are sisters who each own 50% of the shares in a company named as a Defendant in the action. Plaintiff alleges that her sister is misusing corporate funds. Plaintiff and Defendant are also engaged in a family disagreement over Defendant’s management of their mother’s funds. The mother suffers from Alzheimer’s disease.
Plaintiffs contracted with Defendant to serve as the builder on a real estate development project in Marina Del Rey. Under the parties’ contract, Plaintiffs agreed to build the project for $111 million. Plaintiffs allege that Defendant has not paid the full amount owed under the contract.
Plaintiff entered into an oral agreement with Defendant for the design, manufacture and installation of kitchen cabinetry. Plaintiff provided Defendant with a deposit of $40,000 for the contracted services. Defendant breached the agreement to perform the work by failing and refusing to timely provide shop drawings and designs that complied with the Project’s plans and specifications despite Plaintiff’s repeated requests for the same. Plaintiff demanded that Defendant return the deposit and Defendant has refused.
Plaintiff alleges that Defendant entered into an oral agreement to sell a Maserati to him for $39,000. Plaintiff alleges that when he arrived to pay for and pick up the car, Defendant indicated he needed to pay $42,000 for the car. Plaintiff alleges that Defendant fraudulently represented that the car was being sold for $39,000. Plaintiff asks that the Court to order specific performance and award him damages for detrimentally relying on the fraudulently misrepresented sale price.
Plaintiff was previously involved in a divorce proceeding with her ex-husband. Plaintiff and her husband stipulated to the appointment of Defendant as the psychologist in the divorce proceeding who would evaluate custody issues involving Plaintiff’s children. Based on the stipulation, the Court entered an order appointing Defendant in the divorce proceeding as the custody evaluator. Prior to her appointment, Defendant was the subject of a pending investigation and later, an administrative action brought by the California Attorney General’s office for professional violations. Ultimately, Defendant’s license was revoked. Plaintiff alleges that Defendant committed fraud by failing to inform her of the pending investigation, administrative action and revocation order prior to the execution of the stipulation. Plaintiff alleges that she would never have agreed to Defendant as the custody evaluator or paid the fees had she known that Defendant was being investigated for professional conduct violations.
Plaintiff entered into an agreement to sell a business to Defendant for $5.5 million. Real property was pledged as collateral. Defendant transferred the collateral and sold it for $18 million without notice to Plaintiff or without payment to Plaintiff.
Plaintiff alleges that Defendants embezzled funds from its accounts. Plaintiff alleges Defendants embezzled $115,000 in funds. Defendant used his position as managing member of Plaintiff to embezzle the funds.
Plaintiff alleges that Defendant breached the Operating Agreement for an LLC by making several major decisions without Plaintiff’s consultation or approval. The Operating Agreement requires that major decisions be made only after consultation and approval of 85% of the membership interests. “Major decisions” include sale of the property, financing or refinancing the property, amendment or formation of any business plan or budget for the LLC, any decisions relating to capital contributions and any expenditures more than $25,000. Defendant refinanced the property, removed equity from the property and commingled LLC funds with his own funds, and paid expenditures to himself in excess of $25,000. All of these actions were taken without the requisite 85% approval.
Plaintiff alleges that Defendants negligently performed surgery on his German shepherd’s broken leg which resulted in the leg not healing properly. Plaintiff also alleges Defendants expressly promised that the dog would have 90% use of the injured leg after surgery. Instead, the dog could barely walk on his injured leg.
Plaintiff entrusted twelve cars to Defendant for repairs. Plaintiff alleges Defendant failed to return them. Plaintiff filed this action seeking damages for the converted property.
Plaintiff, an insurance company, paid on a claim made by its insured for property damage sustained when a dishwasher manufactured by Defendant caught fire. Plaintiff filed this action for negligence, subrogation, indemnity and breach of warranty against the Defendant.
Plaintiffs founded a company with Defendant. Plaintiffs allege that Defendant wrongfully froze them out and has allegedly looted the company and mismanaged the company. As a result, numerous lawsuits and an SEC investigation have been brought against the company and its entities as well as the shareholders of the company. Plaintiffs allege numerous claims for wrongful termination, breach of contract, violation of Labor Codes and indemnification alleged in the various lawsuits brought against them in connection with Defendant’s management of the company.
Plaintiff is suing as subrogee of its insured based upon a homeowner’s insurance policy. The homeowner hired Defendant to clear and unclog plumbing. Defendant allegedly did the work and told the homeowner that the plumbing issues were resolved and instructed them to run water through the house. When the homeowner followed the Defendant’s instructions, the plumbing throughout the house backed up and overflowed, damaging multiple rooms in the house. Plaintiff paid the claim for property damage and then sued Defendant in subrogation.
Claim under the lemon law over a failed transmission in a Mercedes.
Claim of kick-backs from vendors made against the managing director of a large annual convention show.
Plaintiff leased and subsequently purchased a vehicle from Defendant. Plaintiff alleged that the vehicle did not conform to warranty, including defects which have resulted in malfunction of the electrical system, fluid oil leaks, excessive oil consumption, failure of the climate control unit, activation of the tire pressure monitoring system, activation of the chassis warning light, failure of the suspension system, and various “fit and finish” concerns.
Claim for unpaid attorney’s fees regarding the attorney’s successful defense of a fraud claim.
Conversion claim over a painting of Marilyn Monroe that was taken from Plaintiff and moved to Europe.
Home care infusion provider claims that an insurance company preapproved 8 infusions at a cost exceeding $1 million.
Fraud action concerning a loan broker handling a SBA loan.
Collection action against a boyfriend based on oral agreements to repay monies he borrowed from his girlfriend.
Claim of fraud against a bank based upon its promise to accept a Deed in Lieu of Foreclosure when it was discovered the bank was actively marketing the property for lease; as the time ran on the Notice of Default, the bank refused to accept the deed.
Disgorgement claim against unlicensed contractor regarding the installation of sophisticated audio and video equipment in Plaintiff’s home.
Collection action on a Promissory Note.
Action to determine whether the money paid by Plaintiff for the development of oil and gas leases was a loan or an equity position in the venture.
Suit over the quality of internet advertisements and the placement of those advertisements on the search engines.
Plaintiff stored its business inventory in Defendant’s warehouse. Despite paying all storage fees and other expenses associated with the storage, Defendant refused to release the inventory to Plaintiff or to inform Plaintiff of the inventory’s location.
Petitioner requests that the Court appoint a provisional director under Corporations Code §308.
Parties were former domestic partners. Plaintiff filed an action for a 50% interest in the condominium where Defendant resided.
Plaintiff purchased a vehicle from Defendant. Plaintiff alleges that the vehicle was marketed as a certified, pre-owned vehicle that had undergone comprehensive inspection. Plaintiff discovered after purchase that the vehicle was damaged in a prior accident, permeated with water damage and required time consuming repairs.
Plaintiff is Defendant’s son. Plaintiff alleges that he entrusted Defendant with his coin and stamp collections. Plaintiff alleges Defendant entered into an oral, written or implied in fact agreement to hold these collections for Plaintiff and to ensure their return to Plaintiff. Plaintiff claims Defendant has breached this agreement by selling the stamp collection, by refusing to disclose the sums received in those sales and refusing to acknowledge Plaintiff’s ownership of the coins in the parties’ combined collection.
Plaintiff and Defendant own and operate a dental practice together. Plaintiff alleges that Defendant improperly took out funds from the practice, been absent from his obligations to the practice due to personal issues and that he defaulted on a secured promissory note to Plaintiff in the amount of $1 million. Defendant’s promissory note was secured by a stock pledge agreement whereby Defendant pledged his shares in the dental practice to secure the $1 million promissory note.
An action involved a former 20-year romantic relationship between Plaintiff, a younger woman, model and actress, and Defendant, an older wealthy retired executive with residences throughout the world. Plaintiff alleges that Defendant made promises for lifetime financial security and wealth for Plaintiff. Defendant abruptly ended the relationship and refused to honor those promises.
Plaintiff alleges that Defendant gifted a painting to him. Plaintiff seeks a declaratory judgment that the painting is his and that Defendant’s failure to return the painting constitutes conversion.
Commercial Contract / General Business