- Fraud & Misrepresentation
- Breach of Contract
- Shareholder & Partnership Lawsuits
- Other Select Business Disputes
- Interference With ContractInterference With Prospective AdvantageReal Estate Broker Negligence (And Other Breaches)Financial Elder AbuseTrade Secret MisappropriationBusiness DefamationLandlord-Tenant Disputes
All The O'Brien Law Firm Does is Litigation - Focusing Exclusively on Fraud, Breach of Contract, Partnership & Shareholder Disputes, and Other Select Business Lawsuits
Like most San Diego people and businesses, you enter into business deals and other consumer transactions to benefit from a win-win situation. Contracts and business deals are the backbone of a business, as we buy and sell goods and services, trade and barter, and build relationships to improve our well-being.
But, what happens when things go wrong? Our San Diego business litigators assist businesses and individuals learn their rights and aggressively pursue those rights in court.
Our boutique business lawsuit firm takes your case personally, our attorneys are available 24/7, and we develop bonds over and above a mere attorney-client relationship. We do this in the following types of cases:
San Diego Fraud Lawsuits
Unfortunately, in business and everyday transactions, there are a handful of dishonest characters. You may have a fraud case if another person or business:
- Misled you in a transaction;
- Should have spoken up and said something important, but did not; or
- Made a careless statement that turned out to be wrong.
More common types of fraud lawsuits in San Diego involve:
- Lying or omitting facts when negotiating a contract
- Lying or omitting facts in the contract itself
- Misleading or false statements about a person's background
- Misleading or false statements about the history, status, or success of a business (and/or its products and services)
- Promising to do something without intending to do it
- Investment fraud (misrepresentations of information)
- Investment fraud (concealment of information)
- Real estate fraud (misrepresentations of information)
- Real estate fraud (concealment of information)
- Securities Fraud (false statements)
- Securities Fraud (omissions)
- Fraudulent advertising and marketing
- Pyramid Schemes
- Ponzi Schemes
An important thing to remember about fraud is that just one single misrepresentation, negligent statement, or concealment can support a case. So, even if everything else was true or disclosed, there is potential fraud liability.
Sometimes your best asset is your own instinct. You may sense that something is not right, and you may even suspect fraud, but you may feel you can’t prove it (this is especially true because a lot of times the other side has all of the information you need). This is where we help.
The moment that you suspect a problem is the time to enlist the help of a fraud lawyer. The more you wait, the greater the chance of lost evidence, money moving hands, and fading memories – all which can hurt a potentially meritorious lawsuit.
San Diego Breach of Contract
San Diego businesses and individuals breach contracts for a variety of reasons. Often times, the reason is simple: someone doesn't like the deal anymore or feel like paying. Other times, it's much more complicated, such as when they allege you of breach, or unexpected events make performing the contract more difficult.
In a San Diego breach of contract lawsuit, the existence of a contract is, of course, a crucial determination. However, keep in mind that contracts may be written, oral, or even implied by conduct. A San Diego contract lawyer can be invaluable in determining the existence of a contract, especially if it’s not in writing. Determining what is a breach – and what, if any, damages you have suffered as a result are also critical determinations.
Our attorneys have helped various businesses and individuals deal with contract disputes, such as:
- Breach of promissory note
- Breach of real estate purchase agreement (by seller)
- Breach of real estate purchase agreement (by buyer)
- Breach of investment agreement
- Breach of consulting agreement
- Breach of license agreement
- Breach of website agreement / contracts to build or use applications
- Breach of nondisclosure agreement
- Breach of settlement agreement
- Breach of real estate listing agreement
- Breach of purchase contract to buy a house
- Breach of sales contract to buy a condo
- Breach of homeowners’ association bylaws
- Breach of Covenants, Conditions, & Restrictions (CC&Rs)
- Breach of lease agreement
- Breach of rental agreement
- Breach of agreement to buy a boat
- Commercial collections (unpaid debts)
- Breach of agreement to buy a car
- Breach of written agreement
- Breach of oral agreement
- Using lower-grade or significantly different goods
- Refusal to pay for goods
- Refusal to pay for services
- Damaging goods during rental agreement
One of the most important aspects of a contract lawsuit is showing the breach caused damages. Our lawyers can determine what you are entitled to, which could include actual damages, interest, and even attorney fees and costs.
San Diego Shareholder & Partnership Lawsuits
Shareholders and partners often run into issues and conflict during their joint business pursuits. After investing your time and money into a company (and into the hands of the individuals operating the business), you expect them to behave both in your and the business’ best interests.
If your time and money are in jeopardy because of the directors, officers, majority shareholders, or partners in your business, it may be time to contact a San Diego corporation attorney, or partnership lawyer. Whether their actions are the result of incompetence, negligence, or worse – dishonesty, a business litigation attorney can help.
We have experience in pursuing companies (and their leaders), who are hurting minority shareholders, the other (less powerful) partners, and those who do not have control over the enterprise. We have experience pursuing money compensation and other relief in shareholder and partnership disputes such as:
- Breach of shareholder agreement
- Breach of corporate fiduciary duty
- Involuntary dissolution of corporation
- Breach of partnership agreement
- Partnership breach of fiduciary duty
- Involuntary dissolution of partnership
- Company mismanagement
- San Diego company embezzlement
- Company theft
Other Select San Diego Business Lawsuits
We also handle a variety of other select business disputes and litigation based on personal and business wrongdoing, including:
- San Diego Trade Secret Misappropriation
- Interference with Contract
- Interference with Prospective Economic Advantage
- Financial Elder Abuse
- Insurance Bad Faith
- San Diego Real Estate Litigation
- Business Trespass
- San Diego Business Nuisance
- San Diego Business Defamation (including Yelp.com defamation)
- San Diego Landlord-Tenant Disputes
- Unlawful, unfair, and fraudulent business practices (and advertising)
To learn more about any of litigation practices, or for a complimentary case evaluation, contact a San Diego business attorney today at 888.690.6086, or fill out the contact form.
- Hewlett-Packard Sued for Shareholder Fraud
- San Diego Lawsuit for Inspection of Company Records Filed
- What does it take to prove a breach of a partnership agreement and how to establish damages? San Diego attorney John O'Brien discusses.
- If you are in a San Diego partnership (or think you are), and your partners have been disloyal to the business, or not run the business properly, know your rights.
- If you need to force a dissolution of your San Diego partnership, know your rights.