Commercial Litigation Attorney Referral Service
Businesses perform different types of transactions every day. In California, whenever a business buys, sells, leases, negotiates financial instruments, and invests and transfers funds, specific provisions of the California Commercial Code impact those transactions.
Some business relationships can turn sour either as a result of broken or failed promises – also known as breach of contract. Contracting parties can also have differing interpretations of their signed agreements. When you are unable to settle a business dispute on your own, a commercial litigation attorney can provide important advice on your rights and legal options.
What is commercial litigation?
Business relationships typically involve promises to deliver a product or service in exchange for money or some other valuable consideration. When one party to a valid and enforceable contract fails to keep their promise by not delivering goods, services, or making payment to the other, the latter may enforce the contract or agreement by filing a civil lawsuit.
Other activities that violate the California Commercial Code may also be the subject of a business civil action also known as commercial litigation.
Commercial litigation (business litigation) is the complex practice of civil litigation covering a wide range of business claims arising from a business or organization’s contractual and financial activities governed by the California’s commercial laws. These laws encompass the California Commercial Code and California Business and Profession Code.
Specific types of transactions mentioned by the California Commercial Code include:
- Negotiable instruments
- Funds transfers
- Bank deposits
- Letters of Credit
- Bulk transfers and sales
- Investments securities
- Warehouse receipts, bills of lading, and other documents of title
- Secured transactions
What type of claims do commercial litigation attorneys assist with?
Commercial litigation attorneys can help you in presenting a claim, or defending your company against one, arising from any of the transactions mentioned in the California Commercial Code. One of the most common causes for a business lawsuit is a breach of contract with a claim for damages.
Breach of contract plus damages
A contract is any agreement between businesses where one party agrees to do something for another in exchange for something valuable like a specific sum of money. If you are thinking of suing someone for breach of contract, you must be able to prove:
- The existence of a valid contract
- The agreement was broken or that the party failed to meet its terms
- The defendant is the proper party to sue
- The monetary loss that you suffered as a result of the breach
See also: Contract Litigation
Other types of cases covered by commercial litigation lawyers include:
- Tortious interference of contracts
- Deceptive trade practices
- Investment fraud
- Shareholder and partner disputes
Claim for damages
Cases for breach of contract often include claims for damages allowed under the California Commercial Code:
- Liquidated damages: provided in the contract and predetermined by the parties in case of breach
- Consequential damages: foreseeable monetary damages resulting from the party’s breach
- Incidental damages: actual value of commercially reasonable expenses incurred by the party suffering damages.
- Reliance damages: also known as ‘restitution’ are damages incurred by one party, arising from the breaching party’s promises.
Depending on the circumstances of your situation, the damages your business may suffer or be liable to pay may be huge. A business litigation attorney can either ensure that you obtain the fair value that you deserve or set up all appropriate defenses to minimize the value of an adverse judgment.
Commercial litigation is a complex practice of law that requires knowledge of federal and state statutes, a firm grasp of civil procedure, and proven experience in protecting or defending client’s interests in court.
Ignorance of business laws or mistakes in their understanding can lead to costly litigation for your company. The advice and counsel of a commercial litigation is crucial even before entering transactions as a proactive measure to reduce or minimize lawsuits against your company.
Looking for a commercial litigation lawyer in San Fernando Valley, California is easy and convenient through an online lawyer referral system. The SFVBA online referral system is an effective solution that connects San Fernando Valley businessmen and qualified business litigation attorneys.
Contact us online or give us a call at 818-340-4529, and the ARS representatives will refer you to an experienced commercial litigation attorney in your area based on your case and needs.
Let us know if you’re an attorney interested in becoming a member of the SFVBA’s Attorney Referral Service.