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Civil Litigation

At the Semnar Law Firm we stand by our clients as they proceed through the litigation process. We are committed to offering our clients with excellent personal and strategic legal advice. Our litigation strategy is always tailored to the specific needs of our clients, while taking into account the amount in controversy and the financial ability of our clients. Once we determine that litigation is the appropriate avenue, we provide our clients with an aggressive yet tactful strategy to achieve the best results.


MATERIAL MISREPRESENTATION

Deliberate false representation or falsification of a material fact which, if known to the other party, could have aborted, or significantly altered the basis of, a contract, deal, or transaction.

Breach of contract

To recover damages for breach of contract, a Plaintiff must prove all of the following:

  1. That the Plaintiff and the Defendant entered into a contract;
  2. That the Plaintiff did all, or substantially all, of the significant things that the contract required [him/her/it] to do [or that [he/she/it] was excused from doing those things];
  3. That all conditions required by the contract for the Defendant’s performance [had occurred/ [or] were excused];]
  4. That the Defendant failed to do something that the contract required [him/her/it] to do; and]

    [or]

    That the Defendant did something that the contract prohibited [him/her/it] from doing; and]
  5. That the Plaintiff was harmed by that failure.

PARTNERSHIP DISSOLUTION:

A partnership can be dissolved in many ways. One way is through a partnership dissolution agreement whereby all the partners agree to terminate their respective commitments. The partnership is required to also file a statement of dissolution with the appropriate government agency as well give notice to the Internal Revenue Service of the dissolution. Although not required, it is good practice to also give actual written notice of the dissolution to its suppliers, customers, and clients.

UNFAIR BUSINESS PRACTICES:

There are many legal theories whereby a cause of action for Unfair Business Practices may be proven. It generally encompasses fraud, misrepresentation, and oppressive or unconscionable acts or practices by an individual or a business. For example, California Civil Code Section 1760 provides for a liberal construction to promote its underlying purposes, which are to protect consumers against unfair and deceptive business practices and to provide efficient and economical procedures to secure such protection. Thereafter, the code provides for approximately 25 different ways whereby liability for unfair or deception conduct can be found. Moreover, the federal law provides its own specific definitions and elements whereby unfair or deception conduct is defined.

CONSUMERS LEGAL REMEDIES ACT:

The California Consumers Legal Remedies Act (CLRA) (Cal. Civ. Code § 1750 et seq.) prohibits vagueness, unfair business practices, and deception by declaring unlawful "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer".

TORTIOUS INTERFERENCE:

Tortious interference, also known as intentional interference with contractual relations, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).

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