BUSINESS LITIGATION

Our firm represents domestic and international clients regarding contract negotiations and business investment evaluations. Our litigation department handles enforcement of contract provisions, collection, breach of contract and tortious acts such as negligence, fraud and misrepresentation. If the company, adverse to our client's interest, files bankruptcy, we will seek to lift the automatic stay or prosecute a complaint in the bankruptcy proceeding.

We form corporations, issue stock and maintain corporate minute books for clients. The state to incorporate in depends on the client's need, purpose and long-range strategy.

Following are examples of cases we successfully handled. The names are changed to protect the privacy of our clients. Please note that these cases are for examples only. Each individual case is different and must be evaluated on its own merit.

Entrepreneur's Payment Obtained

Mark, an entrepreneur, entered into an agreement with an NYSC- based company to set up a medical imaging center for 2% of the net profits. After completing the project, the company refused to pay. This firm represented Mark in an action for breach of contract and declaratory relief. The NYSC-based company filed a cross complaint contending that Mark interfered with raising capital and refused to cooperate in completing the venture. The Court found for Mark and awarded damages and 2% of the revenues for the term that the company was in control of the imaging center. The court rejected the cross-complaint and found for the cross-defendant Mark.

After the court awarded judgment, again, the company refused to pay. Subsequently, we prepared our client's complaint for malicious prosecution, served it, subpoenaed production of records and set a judgment debtor examination on the company's corporate attorney. Thereafter, payment for damages was timely received. Subsequent quarterly payments for 2% of the net profits were received for the next 10 years. The complaint re malicious prosecution was settled when the company agreed to pay Mark separate and additional monetary damages.

General Manager Fired

Maria was the general manager of a plastics company. Upon arriving at work for the New Year, she was summarily terminated. Further, the owner contacted the local police department and alleged that Maria had stolen monies from the corporation. Within weeks, Maria was destitute and filed for bankruptcy. Also, she faced criminal charges.

This firm successfully negotiated with the District Attorney's Office to prevent the filing of grand theft charges. Following Maria's bankruptcy discharge, Maria filed a complaint against the plastics company and its owners for filing a false police report, slander, breach of contract and unlawful termination. Ultimately, the client received an award that vindicated her.

Mistake In Policy

On February 1, 1989, decedent Teri purchased a life insurance policy for a six-digit figure. After several changes, the policy issued on July 3, 1989. On April 20, 1991, the decedent allegedly took her life. The life insurance company refused to pay contending the decedent committed suicide less than two years after the issuance date of the policy. At the time of Teri's death, she had just been served with divorce papers from her husband. Husband was the primary beneficiary of the policy.

Husband recalled little about the policy being obtained by wife Teri. He had a vague recollection that there was a mistake. Life insurance company denied any mistake was ever made, rather, the policy changes were due to decedent changing her mind.

After extensive discovery, our firm was able to determine the mistake was that the agent sold a life insurance policy that did not exist on February 1, 1989.

The life insurance company finally recognized its responsibility and paid a healthy damage payment.

Collection From Overseas Debtor

Several clients have experienced a situation where an overseas company or individual have become indebted to our California client. Often, our firm is able to locate the overseas debtor's assets in California. Once assets are located, we proceed with an extraordinary writ(s) such as a writ of attachment.

In California, for goods shipped or money had and received, the law permits a creditor to attach underlying assets. In one instance, a Filipino national claimed immunity from service of process. Yet, writ of attachment was successfully obtained on land owned by him that was situated in an outlying California county. When that individual needed to liquidate the property, he was compelled to satisfy the attachment writ before selling or refinancing.

Free Consultation

If you have any questions, please call, fax or E-Mail. See FORM at the end of this Web Site.

Thank you.




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Regan Braun Law Offices
2522 Artesia Boulevard • Suite 200 •Redondo Beach • California 90278
Tel (310) 372-1988 • Fax (310) 318-5894.
e-mail: reganinfo@reganlaw.com

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Copyright © 1998 Law Offices of James J. Regan