How To Use This Section Of Our Website

by Robert Levy on January 23, 2013

If you have a question about Business Law or Real Estate, I just might have the answer right here on this site.

There are three ways to find the answer you’re looking for.

One, type your question in the search box located down and to the right.  Type your question and then click search.  Every question & answer I have on this site related to your question will then be shown for your review.

Two, review the categories shown down and to the right.

And three, if you have a legal issue related to Business Law or Real Estate Law, and wish to discuss in greater detail, call me at (510) 465-0025.

ENFORCEABILITY OF COVENANTS NOT TO COMPETE

by Robert Levy on October 27, 2014

Covenants not to compete are agreements between two parties, where one party agrees not to engage in certain type of behavior that may compete with the other party. In California, the law strongly disfavors covenants not to compete. Unless one of the statutory exceptions to the rule prohibiting covenants not to compete applies, a covenant not to compete will be considered to be void by the Court and hence, completely disregarded.

One of the exceptions, where a covenant not to compete is permissible in California, is in the context of the sale of the goodwill of a business, so long as the covenant is limited to a similar business within a specific geographic area.

Because there is such a strong prohibition against covenants not to compete, any covenant not to compete needs to be carefully drafted to conform with the requirements of the applicable exception statute, and be specific enough so it is very, very clear as to what the parties are agreeing to.

Disputes regarding covenants not to compete come up all the time. They come up in the context of whether or not a covenant not to compete is permissible for the type of transaction that is involved; they come up as to whether or not the covenant not to compete is permissible in the manner that it is used; they come up as to what the scope of the covenant might be; and they come up as to whether or not a covenant has been breached.

Disputes relating to covenants not to compete can be rather significant, as the potential damages can be extremely severe if the covenant not to compete is enforceable and the complaining party can prove damages. Therefore, when evaluating whether or not a covenant not to compete is enforceable, and/or whether or not a covenant not to compete has been breached, it is important to consult with an experienced business/contract attorney.

I often represent clients in the East Bay, in Oakland, California, and in Walnut Creek, California, in business and contract disputes. If you have any questions, or need representation by a California business or contract attorney involving a dispute regarding sale agreements or covenants not to compete, please free to contact me to discuss your case or to arrange for a consultation. I can be reached at (510) 465-0025 or (925) 708-3306.

PARTIES’ DUTIES OF DISCLOSURE IN A REAL ESTATE SALES TRANSACTION

October 3, 2014

In California, sellers of real property have a very strong duty to disclose all material facts to the buyer that materially affect value or the desirability of the property; but only those material facts that are known or accessible only to the seller, and only if the seller knows that such facts are not known […]

Read the full article →

ENFORCING ORAL CONTRACTS IN CALIFORNIA

September 10, 2014

While businesses and consumers do often enter contractual agreements by written contract, it is not uncommon to enter certain contracts using a verbal agreement or oral contract. This is particularly common between two parties that have done business together in the past, where mutual trust has developed. Unfortunately, disputes do arise. However, just because an […]

Read the full article →

DEALING WITH REAL ESTATE CONTRACT DISPUTES IN CALIFORNIA

September 5, 2014

When entering a real estate sales transaction, the parties to the sale enter a contract for the sale of the real estate. In California, real estate sales contracts are typically entered on “form” contracts. In the residential setting, the California Association of Realtors (“CAR”) form is most commonly utilized. In the commercial setting, an AIR […]

Read the full article →

REMOVING, RELEASING OR EXPUNGING MECHANIC’S LIENS IN CALIFORNIA

August 28, 2014

A mechanic’s lien is a lien that contractors, sub-contractors, laborers, material suppliers, and design professionals may record against real estate as a first step in enforcing the property owner’s obligation to pay for those services or materials. In California, once a mechanic’s lien is recorded against the property, the lienor can then commence a legal […]

Read the full article →

QUIET TITLE ACTIONS IN CALIFORNIA

August 15, 2014

In California, a Quiet Title Action is typically used as an action by an owner of real property to confirm their title to the property, and at times, to refute another person’s claims to title to or liens against the property. Typically you see quiet title actions when one party wants to confirm their title […]

Read the full article →

HOW DO I EXPUNGE A LIS PENDENS- GET A LIS PENDENS REMOVED FROM TITLE ON MY PROPERTY?

July 28, 2014

In California a lis pendens is created when a Plaintiff in a lawsuit records a Notice of Pendency of Action against a Defendant’s real property. The recording of the lis pendens causes a lien to be placed against the property and generally prevents the owner of the property from selling or encumbering (borrowing against) the […]

Read the full article →

RESOLVING PARTITION ACTIONS AND AVOIDING PARTITION ACTIONS

July 18, 2014

As I have discussed in the prior article Partition Actions, a partition action is a lawsuit filed by one owner of real estate against a co-owner in the same piece of real estate to force the sale of the property or a potion of the property. In California it is a rare instance when a […]

Read the full article →

ADR (ALTERNATIVE DISPUTE RESOLUTION) AND MEDIATION

June 11, 2014

Back in the day when my father practiced law, which was quite some time ago, if a dispute between parties escalated to the point of a lawsuit, most cases proceeded to trial (a lot quicker than they do now), and the case was resolved by the court after making a decision at the conclusion of […]

Read the full article →

MEDIATING REAL ESTATE CONTRACT DISPUTES

May 30, 2014

Disputes come up involving real estate contracts all the time. Some examples would include a seller’s refusal to sell the property; a seller’s failure to disclose defects regarding the property; claims for damages, to name a few. In California real estate sales contracts, there is typically a duty to first try to resolve the dispute […]

Read the full article →