Litigation Lawyers in San Diego
In San Diego, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in essentially any business context.
Commercial litigation in San Diego, California, can get extremely expensive, very quickly. Furthermore, it can also be incredibly difficult. It often involves two sophisticated business entities, but it can also arise between two ordinary individuals who never would have imagined that they'd get caught up in commercial litigation in San Diego, California.
Common Sources of Commercial Litigation in San Diego, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in San Diego, California still have to operate from a physical location. The space from which most businesses operate is normally rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for instance, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a disagreement might arise, leading to commercial litigation.
Sales of Real Estate: When buying real estate in San Diego, California, a lot of things can go wrong, possibly making commercial litigation essential. In these cases, things like title defects (when the seller doesn't really own the land or house that they're selling), physical defects in the property that weren't disclosed to the buyer, or a buyer's failure to tender payment on time, among other things, can all lead to commercial litigation.
Sale of Goods: The sale or purchase of personal property is another frequent source of commercial litigation in San Diego, California. For example, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this disagreement somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: Typically, when a business gets started in San Diego, California, it has to take out a loan from a financial institution. If the business fails to make timely payments on the loan, it's possible that litigation will result.
Breach of Contract: When a business or individual in San Diego, California promises another entity to provide a product or service in exchange for something of value (almost always, but not necessarily, money), they have entered a legally-binding agreement called a "contract." Both parties are now required to perform their obligations, as laid out in the agreement, and if one party fails to do so, the other can use commercial litigation to seek redress for any losses suffered as a result of this breach.
How Can a San Diego, California Commercial Litigation Lawyer Help?
Business owners in San Diego, California are probably aware of the fact that commercial litigation can always be just around the corner, and just about any business deal that goes bad can trigger it. It's wise, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it happen in the future.
A San Diego, California commercial litigation attorney can help you on that front. A brilliant attorney can advise you of your legal rights and obligations, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.