COVID-19 has wrought havoc on businesses and supply chains as organizations worldwide have slowed to a halt. With everyone staying indoors to stop the spread of the virus, many businesses have been left without customers to sell to and means to operate—or means to follow through on business agreements. This worldwide crisis is widespread, unforeseen, […]
What Constitutes a Breach of Contract?
A contract is a legally binding agreement between two parties. Contracts are common, and often necessary, for agreements between an employer and an employee, a contractor and subcontractors, a realtor and home purchaser, a tenant and landlord, or numerous other combinations of individuals. A breach in a contract can be defined as a failure to […]
New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.
Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]
Demurrer Procedures Explained.
In a wrongful termination action, the trial court sustained defendant’s demurrer. On appeal, the plaintiff contended the defendant’s demurrer, filed 29 days after the second amended complaint [SAC] was filed, was untimely because defendant had only ten days to file it pursuant to California Rules of Court, Rule 3.1320(j). Code of Civil Procedure section 471.5, […]
The Difference Between LCC and Corporation
In this video, Business Law Attorney, Mark Mellor talks about the differences between two organization types: LLC and Corporation.
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
Not All Venue Selection Clauses Are Contrary To Public Policy.
A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
One Person Does Not A Partnership Make.
Two brothers formed a partnership business which thrived for years until one partner withdrew. The brothers sued each other, alleging various causes of action. They asked the Superior Court to set a valuation of the business for buyout purposes. The Court of Appeal noted that both brothers wanted the court to assume a partnership can […]
Video: Personal Liability Protection & Taxation For Your Corporate Entity
Before you form a corporate entity, you need to be concerned with how your business will affect your personal liability and how it is taxed. In this video, attorney Mark Mellor briefly discusses these issues and how to best address them. Interested in starting a business in San Jacinto? Business Attorney Mark Mellor serves the city and […]
What Happens In Zimbabwe, Stays In Zimbabwe.
A lawyer provided an affidavit to support his client’s application for relief in a Zimbabwe court. The result in the foreign court could have influenced an action in a California court. The client’s application in Zimbabwe was denied and the lawyer was sued in California for malicious prosecution. The appellate court found the lawyer’s affidavit […]