Business litigation deals with a wide range of issues involving legal disputes over company operations. Some examples include disputes over contracts, partnerships, and employment disputes.
These cases can be complicated, stressful, and high stakes, making it crucial to work with a Tustin business litigation lawyer toward a positive outcome. Let an experienced attorney at our firm guide you throughout the process and help secure a favorable resolution.
Common Types of Business Litigation
Some standard types of business litigation include contract disputes, employment law violations, and breaches of contract.
A vital element of valid contracts is a mutual understanding between parties who knowingly and consciously agree to the terms of the arrangement. Without that crucial component, someone can challenge the agreement in court. Contract disputes are standard and come with running businesses.
Employment law covers the relationships between employers and their employees. A Tustin business litigation attorney handles disputes regarding hiring and termination processes, wages, discrimination, and workplace safety.
Breach of Contract
When one party to a contract intentionally or unintentionally neglects to honor the terms of a legal agreement, there is a breach of contract. A person or business can file a case for violating the contract terms, and they must establish three specific elements:
- A valid and enforceable contract exists
- There was a breach in the terms of the contract
- The breach caused the petitioner to sustain damages
Damages in breach of contract cases could include harm to the company’s reputation or the loss of profits or business.
Mediation for Business Disputes
Sometimes, the parties will agree to mediation to settle business disputes. The session involves the parties meeting with a neutral mediator to discuss the issues and try to reach a resolution acceptable to everyone. If they cannot settle the dispute through mediation, the case will continue to court for litigation. A Tustin attorney could further advise on when to mediate a business dispute and when to pursue litigation.
Contract Dispute Mediation
Contract disputes are typical for business owners and may involve partnership disputes, service contract disagreements, or problems during the sale of the business’s services or property. When parties cannot agree during the mediation session, a judge will hear the case and order a decision. If the court determines a breach exists, it may order the party to fulfill their end of the agreement or pay a settlement for damages.
California Statute of Limitations for Breach of Contract
There is a court-imposed statute of limitations for most court cases, and missing the deadline would likely mean losing the ability to take legal action. According to California Code of Civil Procedure § 337, the claimant must petition the court to commence legal action for breach of contract within four years of the violation for most written contract disputes.
Determining the exact date the breach occurred in contract dispute cases is complex, especially in cases where the party did not know the violation until later. A seasoned business litigation lawyer in Tustin could thoroughly investigate the case and handle the legal work in compliance with state laws.
Meet with a Skilled Business Litigation Attorney in Tustin Today
Business litigation involves parties to a contract or business arrangement presenting evidence in court to prove their case and settle disputes. Regardless of the circumstances, working with experienced legal counsel will be crucial to successfully navigating the litigation process.
You could better protect your rights and company by working with a Tustin business litigation lawyer on your case. Contact our firm today to set up a consultation.