We know where the potential land mines lie in business and real estate litigation, so we draft our agreements, guide negotiations, and design legal strategies to avoid future litigation, provide optimum protection, and generate positive results.

Breach of Contract

Business disputes can arise in just about any area of your business and involve your customers, vendors, competitors, or even your own business partners. The Wilson Law Firm has extensive experience litigating a wide range of business matters and a history of obtaining successful results. In our experience, one of the most common legal issues California business owners face is a breach of contract. Breach of contract actions can take numerous forms:

  • Breach of purchase and sale agreements
  • Breach of partnership agreements
  • Disputes among LLC members
  • Lease disputes
  • Breach of warranty actions
  • Shareholder disputes
  • Breach of employment agreements
  • Breach of attorney-client fee agreements
  • Breach of non-compete agreements
  • Breach of promissory notes
  • General commercial litigation

Judicial Dissolution of Partnerships and Corporations

Sometimes, it becomes necessary to dissolve a partnership or corporation. At The Wilson Law Firm, we provide guidance and legal representation on both disputes requiring litigation, and transactional matters, including business dissolution. The decision to close your business is an extremely difficult one. The time, money, and energy invested can make it almost impossible to take the necessary action. 

 

The details are critical when dissolving a California business. A mistake during the dissolution process can mean possible civil exposure and potential consequences. If your California business dissolution is not managed appropriately, you could later face a lawsuit from an old debt or find yourself assessed for unpaid business taxes. The Wilson Law Firm takes precautions during the dissolution process so you can avoid these problems. We will guide you through the business dissolution process, explain all the options, and work tirelessly to protect your interests. Our exhaustive understanding of California business dissolution laws and decades of experience make the difference. 

 

Incorporation is a legal process requiring approval and oversight of the state of California, so the business dissolution process requires filing necessary paperwork with the California Secretary of State. Businesses are also required to fulfill their outstanding obligations. Failing to adhere to the required process can leave you liable for debts and other issues connected to the corporation. 

 

When dissolving your California business, the steps required depend on the business entity type. The terms used to describe a dissolution of business also vary depending on your entity type. However, The Wilson Law Firm has experience dissolving various types of California businesses and can assist you with the required documentation: Short Form Certificate of Dissolution, Certificate of Dissolution, and Certificate of Election to Wind Up and Dissolve. We also have experience assisting business owners with the other tasks needed when dissolving a California business: filing a final tax return, paying unpaid debts or delinquent taxes, completing business contracts, and negotiating agreements to minimize vendor obligations. 

 

The Wilson Law Firm carefully guides business owners through the dissolution process. If you are dissolving your California business, remember that fulfilling the corporation’s obligations is a prerequisite of taking any distributions. Taking distributions before meeting your company’s legal obligations can leave you vulnerable to personal liability for business debts. Let us help you avoid this and other pitfalls as you dissolve your California business. 

Breach of Fiduciary Duty

Fiduciary duty is defined as the responsibility to act in the best interests of a client with whom a special relationship of trust exists, and particularly avoiding self-dealing. Partners owe a fiduciary duty to their other partners in a business. A corporate board of executives owes a fiduciary duty to their shareholders. The Wilson Law Firm has experience representing board members, executives, shareholders, partners, and corporations alleging breach of fiduciary duties or facing allegations. Allegations of breaching fiduciary duties often center around failures to disclose conflicts of interest, acting for personal benefit, fraud/misrepresentation, or excessive executive compensation. The business litigation attorneys at The Wilson Law Firm focus on building a strong defense against allegations, focusing on protecting the interests of the client by establishing that: 

 

  • No duty was owed due to unique circumstances
  • The behavior cited does not constitute a breach of fiduciary duty
  • No damages occurred as a result of the alleged breach of fiduciary duty
  • Damages were not a result of the breach of fiduciary duty

Unlawful Detainer Actions

At The Wilson Law Firm, we recognize that leasing property is a business, and as such, the bottom line is a priority equal to the continued flow of business. When a tenant fails to pay rent, the disruption to the landlord’s successful business can be immediately disruptive. That’s why California’s unlawful detainer proceedings offer expedited relief for landlords who need to evict a tenant. However, California unlawful detainer proceedings are complex, with strict filing deadlines and notice requirements. Working with The Wilson Law Firm during your unlawful detainer proceedings means access to sophisticated legal counsel, and efficient, effective representation preparing for any unlawful detainer actions, and every step of the way through the California eviction process.

According to California law, landlords must provide tenants with notice before commencing any unlawful detainer actions. The Wilson Law Firm prepares and submits the required notice to pay rent or quit or notice to cure the breach or quit upon the past due tenant. After a three-day response period, the process moves forward with the filing of a thorough complaint initiating the eviction proceeding. In California, unlawful detainer actions involving commercial property are summary proceedings, so the process moves quickly toward resolution. This is beneficial to commercial property landlords as it means possession of the property is returned to the landlord expeditiously. However, the rapidly moving process also makes it essential that you depend on an experienced and trusted California unlawful detainer attorney to ensure there are no delays in the eviction proceedings.

Shareholder and Partnership Disputes

Shareholder and partnership disputes are often complicated because nothing tests a partnership and shareholder agreement like the possibility of litigation. If you are facing a conflict, contact The Wilson Law Firm today, so we can examine your agreement. No one knows how well crafted a partnership and shareholder agreement is until it’s tested. We can review your agreement in light of the current situation.

Our legal expertise, combined with our business litigation experience are priceless resources for business owners facing this type of dispute. We can provide insights not commonly available even amidst respected law firms who “specialize” in business law. At The Wilson Law Firm, we will evaluate your shareholder and partnership agreement alongside the details of your case. We can outline the advantages and disadvantages of the legal options you have available. This type of legal issue can escalate quickly, so don’t waste time. Get in touch today.

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