Generally speaking, unless you have a non-circumvention agreement, the owner of the club can compete with you, including soliciting members of your band.
However, depending upon the facts in your situation, you may have a viable claim for intentional interference with contractual relations and/or intentional interference with prospective economic advantage. Such lawsuits, however, are expensive to fight, and might not be worthwhile pursing unless you are talking about major monetary damages.
The remedy under California law is to file a lawsuit for "partition and sale" of the property.
Upon granting judgment partitioning by sale of the property, the court will order that the proceeds of the sale pay the encumbrances thereon, and the net proceeds thereof then be divided between the parties in an equitable amount to be determined by the court, in addition to allowance, accounting, contribution, or other compensatory adjustment among the parties according to principles of equity,...
Yes. However, there are other business torts which you might be able to assert against your former business partner.
While any lawyer is capable of filing a civil lawsuit for breach of contract and/or fraud, you really ought to hire a business litigation attorney with trial experience.
While aggressive attorneys might impress the client, I personally don't think being very aggressive is the most important attribute for the attorney who is going to get you the maximum recovery in a...
Yes, it is too late to gain any liability protection as a corporation if you have already been sued as an individual. Incorporating now would not make any difference for the currently pending lawsuit.
If the person who is responsible is truly a contractor, then you may have the right to cross-complain for indemnity and contribution from the contractor. However, if the person responsible was your employee, then under the doctrine of respondeat superior, you are liable for your employee's...
Two things you could do:
First, consult with an attorney for two purposes, one to see if the judgment could be set aside, and secondly, regarding a possible legal practice lawsuit. Attorneys typically charge on a contingency fee basis for malpractice claims.
Second, report this to the State Bar. You can obtain information regarding filing a complaint at:
In addition to Attorney Lee's suggestions, you can also find a member of the Los Angeles County Bar Association who knows how to use the "Searchable Civil Register". The LA County Bar Association makes its Searchable Civil Register available free to its members who are sole practitioners and to firms whose lawyers are all members. It is a very powerful tool:
The answer really depends upon how much you wish to use this slang word as your trademark, and how you want to spend of your own money to fight for it.
As Attorney Juo indicates, if you have not yet used the mark and only filed an intent-to-use application whereas the large company has already been using the mark in commerce, you will likely lose this fight.
If you know nothing about trademark law, it would certainly be worth your while to retain a trademark attorney to explain the basics...
The email service of the 3 day notice to pay or quit is not valid for purposes of an unlawful detainer case. Nevertheless, it served the purpose of getting the tenant to communicate with you, which I think is even better than initiating litigation. However, should the tenant fail to pay on the 20th, you will need to serve a new 3 day notice to pay or quit.
There are 3 ways to serve the notice:
Personal service: The landlord or someone else gives the notice directly to the tenant...
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....