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 […]
Real Estate Broker Not Liable To Third Parties Under B&P Statute.
Business and Professions Code §10159.2 makes a licensed individual real estate broker who is the designated officer of a corporate broker “responsible for the supervision and control” of the corporate broker’s employees. Lender alleged misrepresentations by a real estate salesman. The trial court sustained defendant’s demurrer, and the Court of Appeal affirmed, stating: “The designated […]
What Type of Corporation Should I Form in Southern California?
If you are in Southern California, Business Attorney Mark Mellor can help answer your questions on what type of corporation you should form, how to get started, and much more. Watch the video below for more information on whether you should choose an S-Corp, C-Corp, or LLC.
Under Oath And The First Amendment.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s […]