Unfair business. what are the main causes of action in CA when a competitor is unethically harming my biz, misleading my clients: Basically, a competitor is stealing my business through hijacking my ads and other unethical means. If I were to sue him, what causes of action would be likely filed? Punitive damages available?
Anthony’s answer:
Generally, when a defendant acts deliberately and with malice towards another, it usually gives rise to a cause of action that allows for punitive damages. But, the amount of punitive damages available is dependent upon defendant's ability to actually pay those damages.
As a reminder, if your business is a corporation, it cannot represent itself in court other than small claims. So, you will need an attorney for this. Do not worry too much about the causes of action that an attorney can name. As has been pointed out by my colleague already, you have a variety of claims available, with the possibility of punitive damages. The most important of which, depending upon the rest of your facts, is injunctive relief -- i.e., filing a lawsuit and immediately asking the court to stop him from what he is doing through a temporary restraining order and prelim injunction. That is very difficult for a person to do on their own. Please seek counsel and spend enough time with that person so that the attorney can fully understand the facts of your particular matter. Best of luck.
Can I sue my publisher for a kill fee and the rights to my work?: I live in CA; a NYC-based publisher approached my agent two months ago with a proposal to write a book about a pop culture topic, due 4/15, for a total payment of $30K. Terms were agreed to by email, and contract negotiations began. The contract was not completed by 4/15, but the publisher pressed me to submit the book anyway, so I did. (I have extensive email documentation of all this.) Today, the publisher declined to accept the book. I would like a kill fee as compensation for the two months of work, but still retain the rights to publish elsewhere. Is this is feasible, given the lack of signed contract?
Anthony’s answer:
One of the first questions an attorney might ask from your post is whether a contract was ever, actually signed. You mention the contract was "completed" albeit not by the due date. Nonetheless, was it executed by both parties? If it was, you would need to sit down with an attorney to fully review the terms and obligations of that contract, as most of your claims would be based on that. A "kill fee" would be part of a publishing contract.
However, even if there was no contract signed, you may still have rights to compensation for your time, particularly if that time was blocked off for this specific project. In California, promissory estoppel claims consist of (1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3) his reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance. Moreover, an attorney would have to look at all the emails you have to determine the precise causes of action you might have available to pursue.
If no contract was signed and the publisher declined it anyway, there should not be anything stopping you from publishing elsewhere. Regardless, you should sit down with an attorney for an hour to determine how best to proceed. Best of luck.
In California how many days do I have to respond to a first amended complaint?: This is an unlimited jurisdiction matter.
Anthony’s answer:
An answer or demurrer to the first amended complaint is the basic answer. There are also motions to strike, motions to quash, and other possible motions depending upon the facts in the complaint, whether you were served properly, whether venue is proper, etc.
If this is a first amended complaint and you have already answered or responded, you basically are limited to the answer to the amended complaint or a demurrer to it.
If it's unlimited, I'd seek an attorney to help you out. Best of luck.