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San Diego Divorce Attorney Blog

California Civil Procedure and the Civil Trial Process

With so many television series focused on dramatized criminal trials, few people understand how a civil lawsuit works. What is California civil procedure? What is the civil trial process?

Civil litigation deals with disputes between individuals or organizations. Remedies can include money damages (such as financial damages after a serious personal injury) and specific performance (such as requiring a party to perform under the terms of a contract).

Southern California's Business Litigation Attorneys

How do you choose the right attorney for your business matter? There are several factors you should look for when choosing the right law firm to represent you in any business litigation matter. You want to consider a firm who has not only a proven track record, but who has litigation and trial experience. There are a lot of lawyers out there who want to settle your case and not fight for you. We at Boyd Contreras have offices throughout Southern California and experience specifically in a variety of complex business litigation matters. We've handled cases involving breach of contract claims, misrepresentation, conversion, interference with contracts, fraud, premises liability, partnership and shareholder disputes, unfair and deceptive trade practices as well as intellectual property claims. Call us today at 619-378-4033 or 949-242-0656 to schedule an appointment to come into our office and meet our attorneys and judge for yourself. We are extremely efficient and aggressive and can fight for you.

Netflix and AT&T: Examples of Recent Antitrust Lawsuits

One recent case involving Netflix and an ongoing case regarding AT&T's T-Mobile merger have put antitrust issues back into the public eye. While these are large companies involved in major disputes, any business can face antitrust and anti-competition issues.

Antitrust cases are complicated and often involve a wide range of factors. Therefore, if your business is accused of violating the California Unfair Competition Act or federal law, or if you must bring an unfair business practices claim against another business, the best protection you can offer your business is to speak with an experienced business litigation attorney.

The NBA Lockout: Antitrust Lawsuits and Union Issues

This weekend, the National Basketball Association (NBA) lockout effectively came to an end after nearly four months of disputes. While some issues have yet to be worked out, the players and the NBA have come to a tentative agreement on the major concerns. This was a highly-publicized business dispute with many issues at stake. However, it is not unlike business litigation faced by companies in California and across the country.

According to counsel for the NBA players, the players "wanted a fair deal with a system that would provide a true competitive market for their services." In an effort to reach that goal, NBA players submitted antitrust lawsuits in both California and Minnesota.

California Company Faces Lawsuit Over Non-Disclosure and Non-Compete Agreements

Anchor Brewing Co. in San Francisco is facing business litigation from Boston Beer Co. for hiring one of Boston Beer's former district managers. The business litigation centers around non-disclosure and non-compete agreements that the business manager signed upon employment.

Under his employment contract, the employee agreed to:

  1. A non-disclosure clause: An agreement to not disclose trade secrets, such as recipes, formulas, processes, and distribution and marketing methods
  2. A non-compete clause: An agreement which said that the employee would not import, produce, market or distribute a beer or ale within the "Better Beer market" for one year from the date he last received compensation from Boston Beer Co.

Divorce and a Small Business

When it comes to divorce, most people are concerned with child custody, child support, spousal support (alimony), and how to divide marital assets (property division). If you own a small business, the last question takes on greater importance.

A small business is often the largest single asset that a couple owns. However, according to San Diego asset protection lawyers, it may also be the most difficult to divide.

A great deal may be tied up in the intangible value of the business; for instance, if you own a restaurant, it may be a combination of the location, the décor, the chef and your management skills, all working together to make it a success. These factors must be taken into account when valuing a business during a divorce.

When Partnership Disputes Lead to Business Dissolution

Recently, in Corrales v. Corrales, the California Court of Appeals sent a partnership dispute case back to the trial court because the parties to the dispute - the two partners - believed that one person can own a partnership. Under the California Revised Uniform Partnership Act (RUPA), partnerships must have at least two people. Therefore, when one partner withdraws from a two-person partnership, the partnership dissolves by law.

The court's ruling certainly reflects a common sense definition of a "partnership." However, it also begs the question: what options are available when a partnership dispute threatens the viability of a business? Partnership dissolution and dissociation are two options to discuss with a partnership disputes attorney.

When Baby Boomers Divorce: Protecting What's Yours

According to the U.S. Census Bureau, 25 percent of all divorces in 2007 involved older couples who had been married for more than two decades. In fact, over the last 20 years, the divorce rate for individuals over 50 has doubled.

The baby boomers were the first generation to see the decline of divorce taboos (such as religious reasons to stay married) and increased empowerment of women, which may be why they have led the charge on divorce in California and around the nation.

Welcome to Our Family Law, Business Law & Bankruptcy Blog

At Boyd Contreras LLP, our legal team possesses a broad base of legal knowledge and experience that allows us to meet the legal needs of a diverse clientele: from couples with significant financial assets considering divorce, to property owners seeking resolution to a real estate dispute, to business owners involved in a lawsuit over unfair business practices. In these and many other legal matters, we can help.

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Boyd Contreras LLP
402 West Broadway, Suite 1200
San Diego CA 92101

Telephone: 619-378-4033
Fax: 619-819-4312
San Diego Law Office

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