Every contract creates obligations based on its express terms, but California law also recognizes an implied covenant of good faith and fair dealing. This covenant generally requires each party to avoid unfairly interfering with the other party’s ability to receive…

Business ownership disputes can arise when individuals disagree about who owns a company or the extent of each person’s interest. These conflicts may involve corporations, limited liability companies, partnerships, or other business arrangements. California courts may examine the documents establishing…

Businesses and individuals sometimes work together on a specific project without formally creating a partnership or another business entity. When disagreements later arise, the nature of that relationship can become an important issue. Under California law, courts look beyond the…

Releases of liability are often used to define which risks a person agrees to assume before participating in an activity or entering into an agreement. However, signing a release does not necessarily mean that every potential claim is automatically barred.…

Businesses compete in many different ways, but not every competitive practice gives rise to a legal claim. When allegations of unfair competition arise, courts evaluate the facts of the dispute, the conduct involved, and the applicable law before determining how…

Contracts are generally formed because both parties expect to receive a particular benefit from the agreement. In some disputes, however, unexpected events may significantly affect the purpose that motivated one or both parties to enter into the contract. When these…

Contracts do not always end through formal termination or complete performance. In some situations, questions arise about whether the parties have effectively abandoned an agreement through their actions rather than through an express written statement. When disputes involve an alleged…

Contracts generally require the parties to perform the obligations they agreed to undertake. In limited circumstances, however, an unexpected event may make performance objectively impossible, raising the legal defense of impossibility. Courts carefully evaluate whether the claimed impossibility meets the…

Legal claims are often subject to filing deadlines that determine how long a party has to bring a lawsuit or assert a legal right. In limited circumstances, however, courts may consider whether those deadlines should be extended through the doctrine…

In some civil cases, a party may ask the court to authorize the attachment of another party’s property before a final judgment is entered. Because this remedy can significantly affect property rights, courts carefully evaluate whether the legal requirements have…