Civil Litigation

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.

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.

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.