COMMERCIAL CONTRACT / GENERAL BUSINESS / PARTNERSHIP DISSOLUTION

CASE SUMMARIES

Hon. Michael Johnson(Ret.)

Mediator • Arbitrator • Referee

  • Dispute between attorney and his former law firm partnership.  After a period of disagreements, the partnership expelled Plaintiff from the firm.  Plaintiff sued for claims of breach of contract, bad faith, breach of fiduciary duty, and age discrimination, seeking amounts owed under the partnership agreement, value of partnership, general damages, and other relief.
  • ​Dispute between retail grocery chain and broker for food producers.  Plaintiff alleged claims for interference with contract and prospective economic advantage, stemming from Defendant’s termination of business relations with Plaintiff.
  • Dispute between equal owners of tech firm involved in search engine optimization.  Cross-claims for breach of fiduciary duties, conversion of intellectual property, and related claims.  Case required termination of business and division of assets and I.P.
  • Dispute among shareholders of an extended family-owned corporation.  Derivative claims and cross-claims by both parties, and petition for appointment of a provisional director.
  • Claim by law firm for recovery of legal fees.  Defenses and cross-claims by client for overbilling, improper services, and misconduct by attorneys.
  • Cross claims by two investors in business, one providing capital and the other providing expertise and product development.  Claims included breach of contract, bad faith, breach of fiduciary duty, and conversion.
  • Dispute between private boarding school and parents of expelled student.  Claims for breach of contract, bad faith, breach of fiduciary duty, intentional infliction of emotional distress, and related theories.
  • Dispute between business owners involving claims for breach of an LLC agreement, breach of fiduciary duties, fraud, and dissolution of the LLC.
  • Dispute between investors in real estate developments involving claims for breach of contract, breach of fiduciary duty, and fraud.
  • Dispute over fees owed to an agent under an artist management agreement.
  • Allegations of misappropriation of likeness, invasion of privacy and similar claims by a plaintiff who believed that his image had been improperly used in a popular video game.
  • Dispute between a closely held corporation and a key employee, alleging breach of an agreement to pay stock dividends and bonuses.
  • Dispute between a law firm and a former partner over amounts owed under the partnership agreement upon dissociation from the firm.
  • Dispute between LLC members concerning amounts owed upon dissolution of the LLC.
  • Claim that a physician’s hospital privileges were terminated in retaliation for complaints about patient safety, raising issues under Health & Safety Code § 1278.5, Bus. & Prof. Code § 17200, and other statutes.
  • Dispute between a consultant, a bank, and a property owner concerning an inspection and consultation agreement for rehabilitation of property.
  • Claim for breach of contract by a marketing firm that acquired corporate sponsors for a major sports event.
  • Breach of contract, breach of fiduciary duty, and fraud claims arising from a joint venture real estate development agreement and related loans.
  • Claim for recovery of past and future royalties under a performing artist’s recording contract.
  • Breach of contract, breach of fiduciary duty, fraud, and related claims among members of a venture capital LLC.
  • Contract and loan disputes among members of a limited liability company involved in the operation of adult day health care centers.
  • Claims for fraud and breach of fiduciary duty by a plaintiff who claimed that defendants misled him into purchasing forged artwork.
  • Claim alleging breach of a partnership separation agreement in a wholesale food business.
  • Breach of contract, breach of fiduciary duty, fraud, and related claims among members of a medical partnership.
  • Claims for fraudulent concealment and fraudulent transfers of assets to frustrate collection of a judgment.
  • Claims for breach of a joint venture agreement for development of an industrial park in the People’s Republic of China.
  • Breach of contract, fraud and related claims against a religious and educational institution.
  • Dispute over amounts owed under a gas supply contract, raising issues of contract interpretation and joint corporate and alter ego liability.
  • Consumer action under Bus. & Prof. Code §§ 17200 and 17500, claiming deceptive advertisements for food products.
  • Claims under the Uniform Voidable Transfers Act, alleging fraudulent transfers of real and personal property to avoid payment of a civil judgment.
  • Unfair business practices, fraud and similar claims against a travel agency that marketed discount travel services.
  • Claims by consumers against a holder in due course of automobile installment sales contracts.
  • Claims for interference with contract and prospective business advantage by a business entity that attempted to purchase restaurants.
  • Dispute between individuals operating a non-profit corporation engaged in the performing arts.
  • Dispute over a physician’s stock purchase agreement in a medical practice.
  • Claim for recovery of legal fees by a law firm acting as local counsel for an out of state law firm and client.
  • Dispute involving breach of contract and related claims between manufacturers and distributors of various products – consumer electronics, power tools, and housewares.
  • Claims for fraud, quiet title, cancellation of instrument, unjust enrichment and declaratory relief against a real estate broker and an agent.
  • Claims for fraud and promissory estoppel by an employee who contended that a company owner promised him an ownership interest in his business.
  • Unfair competition and misrepresentation claims by commercial tenants against a shopping center.
  • Action for breach of warranty and equitable indemnity by a business that purchased computer chips manufactured by the defendant; the plaintiff claimed losses resulting from patent infringement claims against the defendant’s chips.
  • Claims for misrepresentation, concealment and rescission, and cross-claims for breach of contract and misrepresentation; all arising from construction, partnership and operating agreements for a night club.
  • Breach of contract and breach of warranty claims concerning clothing manufactured for a clothing distributor.​
  • Claims for intentional and negligent misrepresentation against an insurance broker, based on misleading descriptions of worker’s compensation insurance premiums.