California Business Litigation Lawyer
Our California business litigation lawyers have over 130 years of combined experience handling complex commercial litigation, including contract disputes, partnership conflicts, fraud, and more. Call us today at 888-285-3333 for a free consultation.
Business disputes can affect not only your business, but also your reputation, your family, and your future. While some disputes can be resolved in a few meetings with an attorney, business conflicts often require more serious remedies, including litigation, arbitration, and enforcement. Some businesses refuse to play fair. They will resort to unfair competition, tortious interference, or fraud to gain an advantage. Even a business partner can betray your trust, prioritize self-interests over the business, and harm your company.
An effective business litigation lawyer in California must be a strategic thinker with deep knowledge of California industries and California laws, with a proven track record of achieving favorable outcomes in and out of the courtroom. This is what you get when you choose Cutter Law. As multi-generational California natives, we use our local connections and industry knowledge to help you get the best results possible.
What Is Business Litigation?
Business litigation is the legal process of resolving disputes between businesses through the civil court system. While some business disputes are resolved in a trial, many can be resolved through alternative dispute resolution, such as arbitration and mediation. Business litigation remedies may include injunctive relief, a revised agreement, a settlement, or a judgment, depending on what type of litigation is involved.
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Featured Business Litigation Lawyer
Attorney Charles Stevens has extensive experience in depositions for both plaintiffs and defendants, and managed discovery in multimillion-dollar cases.
A fantastic, professional law firm who are extremely well-versed in the law and go above and beyond to achieve results.
Common Types of Business Litigation Cases We Handle
Our knowledgeable business litigation attorneys in California handle all types of business disputes for small and mid-sized businesses and investor groups.
Breach of Contract
An enforceable contract is a mutual agreement to exchange something of value. Contracts can be verbal, written, or implied, depending on the goods or services involved. The California Civil Code allows you to recover the value of the contract plus interest, damages for the detriment, costs you incurred attempting to enforce the terms of the contract, and liquidated damages.
Business Fraud and Misrepresentation
You may be entitled to compensatory and punitive damages if you can prove that the following elements of fraud were present in a business transaction: misrepresentation of the facts, knowledge that the information was false, intention to deceive, reasonable reliance on the false information, and damages. If there was no intention to deceive, you may still be entitled to compensatory damages for negligent misrepresentation.
Unfair Competition and Deceptive Practices
California’s Unfair Competition Law prohibits companies from colluding to fix prices, restrict trade, or inhibit production. A business also cannot refuse to do business with someone for discriminatory reasons or use false advertising to sell products or services. Businesses that engage in these practices face civil penalties, and Article 4 of California’s Business and Professions Code allows injured businesses to recover damages and obtain injunctions to restrain anti-competitive practices.
Antitrust Violations
An illegal monopoly is a type of anti-competitive practice in which a company controls the supply of a product or service to force competitors out of the market. They often use large mergers, market allocations, predatory pricing schemes, and boycotts to monopolize. Monopolies hurt small businesses and consumers, and our business litigation lawyers in California are dedicated to stopping them.
Partnership and Shareholder Disputes
Whether you are a shareholder or partner in a business, you may have grounds to sue if a partner commits fraud, improperly uses funds, violates an agreement, or harms the company through negligence or other bad acts. Partners are required to put the interests of the business above their own, and shareholders can sue for derivative damage when a partner’s activities devalue the business.
Trade Secret Theft
The California Uniform Trade Secrets Act prohibits trade secret theft, also known as misappropriation. Injured companies can recover damages for their actual losses and for the profits the offender gained. If the profits are not reasonably provable, a court can institute a licensing requirement and issue an injunction prohibiting the offender from continuing to profit from the misappropriation.
Tortious Interference
Any third party who knowingly circumvents a contract can be held liable for interference with contracts. A third party can also be held liable for intentional interference with prospective economic relations if they intentionally stand in the way of sales or profits. You may be entitled to compensatory and punitive damages for tortious interference.
Investor Claims
Investment brokers have a duty to provide competent advice, use investment funds as agreed, act in the investor’s best interests, and disclose risks. We can help you pursue compensation for breach of fiduciary duty, misrepresentation, fraud, Ponzi schemes, negligence, and any other broker misconduct that comes from bad faith or causes financial harm. As a California class action law firm, we often discover investment schemes that harm large numbers of investors, and we can help you obtain class action status or join an existing case.
Whistleblower Claims
Whistleblowers are courageous individuals who expose corporate wrongdoing, often at great personal risk. Our California whistleblower attorneys stand with whistleblowers in qui tam lawsuits and False Claim Act lawsuits to guard their anonymity, stand up to retaliation, and recover the maximum compensation the law allows.
Unjust Enrichment
In California, “unjust enrichment” is generally considered a remedy rather than a standalone cause of action. However, businesses can still seek restitution when another party unfairly benefits at their expense. If your company has provided money, property, or services and the other side has been unjustly enriched, our attorneys can help you pursue equitable recovery to restore what rightfully belongs to your business.
Why Choose Cutter Law for Business Litigation?
Since 2015, Cutter Law, P.C., has been one of California’s most trusted business litigation law firms. Our founder, Brooks Cutter, has over 35 years of experience guiding businesses through dispute resolution. Our attorneys are proven trial lawyers and skilled negotiators with local roots, a passion for standing up for the little guy, and a history of outstanding case results. We represent entrepreneurs, small businesses, mid-size businesses, and investor groups in complex and high-value commercial disputes.
While most law firms assign a single lawyer to each case, we don’t want you to be limited to the skills and knowledge of just one attorney. When you choose Cutter Law, you get our whole firm. Our attorneys collaborate on every case, combining strengths, knowledge, and experience to help you get the best results possible. We know how much your business means to you, and we are dedicated to fighting for you with everything we have.
We handle cases throughout California with office locations in Sacramento, Oakland, and Santa Rosa. We charge nothing upfront and only collect fees if we win. We offer a free initial consultation, so you have nothing to lose by calling us now at (916) 290-9400 to schedule yours.
What To Expect During the California Business Litigation Process
The business dispute litigation process can vary based on the type of dispute, the parties’ willingness to negotiate, and whether an arbitration agreement is involved. If your case goes through the civil court system, you can generally expect the process to include the steps outlined below.
Pre-Litigation Assessment
When you contact our firm, one of our California business litigation attorneys will meet with you to gather information about the dispute and advise you of your rights and options. If we agree to work together, we will conduct a deep investigation, calculate your case value, and gather supporting evidence. This step can take time because your case will hinge on the strength of your evidence. You will need to have your evidence ready before you proceed to the next step.
Demand Letters and Negotiation
We will send demand letters to the opposing parties describing the wrongdoing, the injury your business suffered, and the dollar amount needed to make your business whole. A demand letter may include a cease-and-desist demand if the offender is engaging in a continuing course of conduct that harms your business, such as unfair competitive practices or tortious interference. The offender may ignore the demand, refuse it, or make a counteroffer. This marks the beginning of settlement negotiations.
Filing a Complaint or Responding to One
Our attorneys refuse to accept less than fair compensation in business disputes. We are proven trial lawyers, and we are always prepared to take your case as far as necessary to secure a just resolution. To ensure your case is filed before the statute of limitations expires, we will promptly file a civil lawsuit in the Superior Court for your county or, if applicable, the Federal Court. Negotiations can continue after you file your complaint, but filing the lawsuit initiates the process of going to trial.
If your business is the defendant in business litigation, we will review the allegations, file a response, and build a defense strategy.
Discovery and Motion Practice
Filing a lawsuit triggers the discovery process, during which each side requests evidence. You may be required to turn over contracts, financial documents, business records, correspondence, and other information. The other side can compel you to testify in an informal hearing known as a deposition, and you can depose people from their business. We will be present during the deposition and prepare you ahead of time. The evidence exchanged during discovery can heavily influence settlement negotiations, which will continue throughout this phase.
Both sides can make motions to exclude certain evidence from the trial or discredit witnesses. The defense may also make a motion to dismiss the case. We will be prepared to make motions as appropriate for your benefit and fight motions the other side submits.
Trial or Settlement
If you cannot reach a settlement, the case continues to trial. Attorneys for both sides present opening arguments, witnesses, and closing arguments, and a judge or jury issues a verdict. Alternative dispute resolution allows businesses to resolve disputes without the time and expense of a trial. The following options are available:
- Mediation — a neutral party known as a mediator helps the parties communicate and come to an agreement. Mediation can be voluntary or court-ordered.
- Arbitration — A neutral party known as an arbitrator hears evidence from both sides and makes a confidential, final decision. Arbitration is separate from the judicial system and is often required by contract.
- Neutral evaluation — Each party presents its case to an evaluator who is usually an expert in the subject matter. The evaluator makes suggestions for resolving the case.
- Settlement conferences — A judge or neutral person known as a “settlement officer” discusses the strengths and weaknesses of each party’s case and assists the parties in negotiating a settlement.
Statute of Limitations for Business Litigation Claims
The statute of limitations for business disputes varies based on the type of claim, as shown below:
- Breach of contract — four years for written contracts or two years for verbal contracts
- Fraud or misrepresentation — three years after you discover or reasonably should have discovered the fraud
- Negligent misrepresentation — three years after you discover or reasonably should have discovered the misrepresentation
- Unfair competition and antitrust violations — four years after the harm occurs
- Tortious interference — two years after the interference occurs or the underlying contract terminates
- Breach of fiduciary duty — four years if the breach was fraudulent or three years if it was non-fraudulent
- Trade secret misappropriation — three years after the misappropriation is discovered or reasonably should have been discovered
- Partnership and shareholder disputes — generally four years, but could vary based on the nature of the dispute
- Unjust enrichment — three years
- False advertising — three years
There are many exceptions to these deadlines, so it is important to consult with a knowledgeable California business litigation lawyer as soon as possible to ensure your case is filed on time. If you miss the deadline, your case will be dismissed, and you could lose out on your only opportunity to see your business recover.
Let Our Experienced Business Litigation Attorneys Help You Resolve Your Dispute
Our California business litigation lawyers have over 130 years of combined experience with proven results in complex litigation. We represent business owners and investor groups throughout California from our offices in Sacramento, Oakland, and Santa Rosa. Call 888-285-3333 or contact us online today for a free legal strategy session.
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
Outstanding legal representation! This law firm combines extensive knowledge with a client-focused approach, delivering remarkable results. I couldn’t be more pleased with their services. I recommend CUTTER law!
I would highly recommend Cutter Law to anyone in need of a personal injury attorney. They are a dedicated, professional, and highly skilled team of legal experts who will work tirelessly to ensure that you receive the justice and compensation that you deserve. Thank you, Cutter Law, for your outstanding work!
Business Litigation Frequently Asked Questions:
How Long Do Business Litigation Cases Take in California?
Business litigation cases can take a few months to several years to resolve, depending on the complexity of the case, the backlog in the courts, and whether your case settles or goes to trial. At Cutter Law, we pride ourselves on maintaining positive relationships with opposing counsel and insurance companies throughout the state to ensure we have open communication and leverage in settlement negotiations.
What’s The Statute of Limitations for Breach of Contract in California?
You generally must file a breach of contract lawsuit within four years of the date a written contract is broken or within two years of the breach of a verbal contract. However, you should contact an experienced breach of contract attorney as soon as possible to ensure your attorney has ample time to investigate and prepare your case. If you miss the deadline, the case will usually be dismissed.
Can I Sue My Business Partner for Breach of Fiduciary Duty?
Yes, you can generally sue a business partner for breach of fiduciary duty if the partner illegally takes profits, makes reckless mistakes, or engages in other misconduct against the business.
What’s The Difference Between Arbitration and Litigation?
Litigation is a dispute resolution process in which a judge or jury in the civil court system decides the outcome of a case by issuing a verdict. Arbitration is a hearing before a private party known as an arbitrator, who is usually agreed upon in a contract. The arbitrator hears arguments from both sides and makes a legally-binding decision that is generally not appealable. Cases litigated in the civil courts are public, and the decisions are usually appealable.
Can I Recover Attorney’s Fees in a Business Lawsuit?
You may be able to recover attorney’s fees in a business lawsuit, depending on the nature of your claim. Our experienced California business litigation attorneys can determine what damages you can recover after we review your case.
What Are My Options if My Company Is Being Sued?
If another company has filed a lawsuit against you or made a credible threat to file one, your options are to settle, make a motion to have the case dismissed, or fight the lawsuit. You may be able to get the case dismissed and force arbitration if you and the other party had an arbitration agreement in place. Contact an attorney immediately when you are served documents or have reason to believe someone is going to sue your company.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.