Los Angeles Employer Defense & Business Litigation Lawyer

Many business relationships are governed by contracts. Disputes may come up in connection with contract terms, particularly if those terms were ambiguous or not properly set down in writing, but also when there is a failure of either party to meet their legal obligations under the contract, such that the other party suffers harm. To establish breach of contract in California, our lawyers would need to prove: (1) a valid contract exists, (2) you performed or there was an excuse for your nonperformance, (3) the defendant failed to perform, and (4) damages.

The primary remedy in business litigation is monetary damages. In a breach of contract case, these may represent the difference between the benefits that would have been received had the defendant performed the contract terms, and what occurred because those terms were not performed. Damages in lawsuits arising out of breach of contract can also be calculated in other ways. For instance, the terms of a contract may specify an amount of liquidated damages that must be paid in the event of a breach. However, in some cases, you may be able to ask for an injunction or an order that the other party cease and desist as the court makes its determinations about monetary damages, or even as part of a settlement.

Business litigation can also hinge on torts, or social wrongs, rather than contractual or statutory violations. When there is clear and convincing evidence that a defendant is guilty of oppression, fraud or malice, California Civil Code 3294, a plaintiff is permitted an award of punitive damages, which are awarded to punish wrongdoers and deter further wrongdoing.

Employment Defense

Mr. Mehdian represents companies seeking to mount a defense against lawsuits involving wage and hour, overtime, class action, and claims that an employment agreement has been breached. Federal, state, and local laws govern employment relationships.

Generally, California provides greater protections for employees in connection with minimum wage than federal law does. In California, it is possible for an employee to bring a labor board complaint against an employer or sue the employer in a wage and hour lawsuit when an employer fails to pay minimum wage or overtime at the appropriate rate. When plaintiffs band together to bring class action lawsuits against employers, they leverage the power of groups to force a response. Among other things, however, these plaintiffs must seek class certification, which only occurs when the court determines a class action is the strongest course of action to manage multiple claims against a defendant.

Additionally, California specifies a broad range of characteristics that are protected under the Fair Employment and Housing Act (FEHA), including many not expressly protected under federal law, such as sexual orientation. Employers may face an employee’s aggressive complaints of discrimination, harassment, or retaliation under FEHA, and perhaps also under federal laws, in connection with an aspect of a plaintiff’s identity.

To seek certification in California, the plaintiff’s lawyer will need to show that there is a community of interest among members of the potential class, meaning they will need to prove: (1) common questions of law or fact predominate among the claims, (2) the class representatives have claims or defenses typical of all members of the proposed class, and (3) these representatives can adequately represent all members of a class. However, a seasoned employment defense lawyer may be able to fight class certification to prevent the class action tool from being used as a cudgel against a business’s objectives. Often this requires us to show that a class action would not provide substantial benefits to dispute resolution.

Catastrophic Personal Injury

Mr. Mehdian handles personal injury lawsuits that involve catastrophic personal injuries, claims of premises liability, slip and falls, car accidents, and motor vehicle accidents. These lawsuits are frequently pursued under a theory negligence. To establish negligence, we will need to show by a preponderance of evidence that you were owed a duty of reasonable care by the defendant and that the defendant’s breach of the duty of reasonable care caused your injuries. A defendant’s duty of care varies according to the specific circumstances, and it’s not uncommon for a defendant to try to blame an accident victim for causing his or her injuries, even when their own liability seems clear.

Slightly different elements must be shown in a premises liability lawsuit. A landowner who fails to repair a dangerous property condition or provide warnings to lawful visitors may be held accountable in a premises liability lawsuit for failing to use reasonable care if a visitor is injured.

Consult a Seasoned Los Angeles Business Litigation Attorney

Call the seasoned Los Angeles business litigation and employment defense attorney Ben Mehdian of Mehdian Law, APC at (844) 463-4342 or (310) 889-0706 or contact us by completing our online form to schedule a consultation concerning your litigation needs. Mr. Mehdian uses insights gained over many years to review a client’s particular situation and provide not only an honest assessment of the case, but a smart and effective strategy to achieve the desired results.