The parties in a business contract usually give considerable thought to the material terms of the contract, including the promises, obligations and rights afforded to each of the parties in…
Monthly Archives: September 2016
While many agreements between parties are expressly negotiated and memorialized in writing, sometimes a contract can be created without a party’s knowledge or intent. An implied contract is an unwritten…
Conservationists and developers are waged in a battle over the future of Newport Beach’s Banning Ranch, one of the last remaining undeveloped, privately owned spaces along the California coast. The…
Commercial leases, like residential leases, set forth the rights and obligations of the landlord and tenant in their agreement to lease property. But because commercial leases are frequently complex and…
Mediation is a common form of alternative dispute resolution that involves a neutral mediator assisting the parties in reaching a settlement. The mediation process has several distinct advantages including: privacy,…
Fiduciary duties arise from either statutory law, case law or contractual relationships, and exist in a variety of contexts and relationships. A fiduciary duty creates a relationship of trust and…
The surge in popularity of short term rental companies has led to conflict and legal uncertainty for tenants, landlords and neighbors. Websites, such as Airbnb and VRBO, offer the opportunity…
A partnership is a business that is co-owned by two or more parties and is not distinct from its owners. The main feature of a partnership that distinguishes it from…
The directors and officers of a corporation are required to follow specific rules or “corporate formalities” in order to operate as a corporate entity and maintain the liability protection that…
When a residential tenant violates his lease agreement and vacates the premises prior to the end of the lease term without legal justification, the landlord has both remedies and obligations…