The statute of limitations for unfair competition under California Business and Professions Code 17200 is four years, but for employment claims can be only three years.
The time for bringing an action for misappropriation of a trade secret in an action under the Uniform Trade Secrets Act (UTSA) is three years (Civ. Code § 3426.6).
The time for bringing an action for misappropriation of a trade secret in a common law action appears to be two years (Code Civ. Proc. § 339(1); see Davies v....
Pursuant to California Code of Civil Procedure section 391.7, the Judicial Council's duty is to maintain the Vexatious Litigant List (updated monthly). Here is the link to the Vexatious Litigant List which is maintained by the Administrative Office of Courts for the State of California:
A contingent fee attorney can withdraw from the lawsuit at anytime so long as either you consent (by filing a Substitution of Attorney form with the clerk, or entered upon the minutes,) or the court approves the attorney's motion to be relieved as counsel of record after notice. (Code of Civil Procedure § 284.)
Obviously, the closer to trial, the less likely the court will grant a motion to be relieved as counsel of record. Although it is unethical for an attorney to abandon a client or...
Yes. Unless the client voluntarily signs a Substitution of Attorney form which is then filed with the Court, the attorney must file a motion to be relieved as counsel of record. Sending a letter to the client and courts would not suffice.
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel (Judicial Council Form MC-051) pursuant to...
No, what you described (in itself) would not be sufficient to pierce the corporate veil. Commingling of corporate and personal funds, however, might.
In order to raise an alter ego allegation, a plaintiff must provide sufficient facts to show that:
(1) the corporation is not only influenced and governed by a person, but also that there is such a unity of interest and ownership that the individuality, or separateness, of such person and the corporation has ceased and
(2) an adherence...
You don't need to amend the loan agreement. You just need a release and return of the original promissory note. if the loan was secured by a recorded deed of trust, you will need to record a deed of reconveyance.
Keep in mind that the primary remedies in a California Business and Professions Code 17200 lawsuit for private enforcers are injunctive relief, restitution, and disgorgement of ill-gotten gains, not monetary damages or penalties. Plaintiffs may be entitled to attorney's fees for enforcing Section 17200, assuming they otherwise meet the standards as a private attorney general under Code of Civil Procedure section 1021.5
You should tender the defense to your insurance carrier by providing a copy of the Plaintiff's Claim to your insurance carrier. If there is coverage, the insurance company will send a claims representative to accompany you at the small claims court trial.