Practice Area
Consumer Contract & Business Dispute Resolution
Decades of experience resolving California contract conflicts — through litigation, arbitration, or mediation.
Contract disputes arise across nearly every facet of business and consumer life — from the purchase of a home or vehicle to the operation of a partnership or the performance of a service agreement. The firm represents both individuals and small businesses in California in resolving these matters, whether through informal negotiation, formal demand, mediation, arbitration, or full court litigation. The right path depends on the contract terms, the amount in dispute, and the practical realities of the relationship.
Interactive Tool
Identify Your Dispute
Select the scenario closest to yours for an immediate snapshot of urgency, deadlines, and first steps to take.
Step 1 — Choose a scenario
Step 2 — Snapshot
Has the other party failed to perform under a purchase or lease agreement?
First Steps
- 1Locate the signed contract, all addenda, and any incorporated exhibits
- 2Document every email, text, and notice sent or received
- 3Do not sign cancellation paperwork before counsel reviews it
Our Take
CAR-form contracts require mediation before fees can be recovered — skipping that step often forfeits the right.
Sub-Practice Areas
Areas of Contract Representation
Disputes arising from residential and commercial real estate transactions — failed performance under purchase contracts, lease violations, and disagreements over option agreements. We represent buyers, sellers, landlords, and tenants where the contractual relationship has broken down.
Common issues we handle
- Breach of purchase or lease agreement
- Failure to deliver clear title or possession
- Option, ROFR, and ROFO disputes
- Commercial CAM and operating-expense disputes
- Holdover and unlawful detainer matters
- Earnest money and security deposit conflicts
How we approach it
We start with the four corners of the contract — including all addenda and incorporated exhibits — to identify which obligations were breached, which conditions failed, and which fee-shifting provisions apply. Most California real estate contracts require mediation as a prerequisite to fee recovery; we frame our opening posture around that requirement.
Key consideration
Statutes of limitation for written contracts run four years in California; oral contracts only two. Acting before the limitations window narrows preserves both leverage and remedies.
Frequently asked
Can I sue for breach if the other party hasn't formally cancelled?
Often yes — anticipatory breach and material non-performance can create immediate claims, even without a formal termination. The contract language and timing matter.
Are attorney fees recoverable in a lease dispute?
Most California commercial leases contain fee-shifting clauses, and Civil Code §1717 makes them reciprocal. Identifying that provision early reshapes the economics of pursuing the claim.
Do I have to mediate first?
If the contract requires it as a precondition to fee recovery — and most CAR-form agreements do — skipping mediation can forfeit the right to recover fees even if you win.
Claims involving the sale and delivery of goods — non-conforming shipments, late delivery, payment disputes, and warranty issues. Both consumer purchasers and commercial parties are represented under California's Commercial Code and applicable consumer-protection statutes.
Common issues we handle
- Non-conforming or defective goods
- Late or undelivered shipments
- Express and implied warranty breaches
- Lemon law and Song-Beverly Act claims
- Open-account collection and payment defenses
- Revocation of acceptance and rejection issues
How we approach it
UCC Article 2 governs most goods transactions and supplies the rules for inspection, rejection, cure, and revocation. We identify which remedy applies — return, replacement, damages, or rescission — and frame the claim around the statutory framework most favorable to the client. Consumer matters often add Song-Beverly or CLRA claims with statutory fee recovery.
Key consideration
UCC rejection and revocation rights have short windows — sometimes measured in days. Documenting non-conformity and notifying the seller in writing immediately is often dispositive.
Frequently asked
Can I return goods that don't conform to the contract?
Generally yes, but you must reject within a reasonable time and notify the seller in writing. Continued use after rejection can be treated as acceptance.
What is the Song-Beverly Act and does it apply to me?
California's consumer-warranty statute covers most consumer goods sold with warranties — including vehicles. It allows recovery of fees and, in some cases, civil penalties.
How long do I have to bring a UCC claim?
The default statute is four years from breach, but contracts can shorten this to one year. Read your purchase order's fine print before assuming you have time.
Disputes over services performed or not performed under contract — home improvement, contractor work, professional services, and ongoing service agreements. Many of these contracts include attorney fee provisions that allow the prevailing party to recover legal costs.
Common issues we handle
- Defective workmanship and incomplete jobs
- Contractor abandonment and delay claims
- Unlicensed-contractor disgorgement
- Mechanic's lien defense and removal
- Professional service breach and malpractice overlap
- Subscription and recurring-service termination disputes
How we approach it
We screen every home-improvement matter for license status under Business & Professions Code §7031 — an unlicensed contractor generally cannot collect for the work and may have to disgorge prior payments. We also look for HIC-required disclosures, three-day cancellation rights, and any required progress-payment limitations that the contractor failed to honor.
Key consideration
Construction defect statutes of limitation range from one to ten years depending on the claim. Photographs, contract copies, and payment records preserved early dramatically improve outcomes.
Frequently asked
What if the contractor wasn't properly licensed?
Section 7031 generally bars an unlicensed contractor from collecting and may require return of prior payments. This is one of the most powerful defenses in California construction law.
The work is incomplete — can I just hire someone else and bill the original contractor?
Sometimes, but how you document the breach, the cure opportunity, and the substitute pricing controls whether those costs are recoverable.
Can I get out of an auto-renewing service contract?
California's automatic renewal law (BPC §17600) imposes strict disclosure and cancellation requirements. Violations can void the renewal and create independent claims.
Disagreements between partners and co-owners, breach of operating agreements, buy-sell triggers, and dissolution disputes. Resolution may involve negotiation, structured buyouts, mediation, or formal litigation depending on the parties' relationship and the agreement's terms.
Common issues we handle
- Breach of operating or partnership agreement
- Fiduciary duty and self-dealing claims
- Member or partner expulsion and buyout
- Deadlock and judicial dissolution
- Books-and-records access disputes
- Misappropriation of business opportunities
How we approach it
We read the governing agreement first — operating agreements, bylaws, partnership agreements, and any side letters — to identify the buy-sell triggers, dispute resolution clauses, and fiduciary carve-outs that will frame any negotiation or litigation. Most partnership disputes are best resolved through structured buyouts; we keep that option open even when filing is necessary to preserve rights.
Key consideration
California fiduciary duty claims have a four-year limitations period — but the discovery rule can extend that significantly when concealment is involved. Books-and-records demands often unlock the evidence needed to act.
Frequently asked
Can I force my partner to buy me out?
Sometimes — through contractual buy-sell provisions or, in their absence, a judicial dissolution and accounting. The agreement controls, but California offers fallback statutory mechanisms.
My partner won't show me the books — what can I do?
Members and partners have statutory inspection rights independent of the operating agreement. A formal demand under the Corporations Code is usually the right first step.
What counts as a breach of fiduciary duty?
Self-dealing, usurping business opportunities, and undisclosed conflicts are the classic categories. Each requires careful documentation before claims are filed.
Coverage disputes with insurance carriers — title insurance, property insurance, and other policy lines. With a background as in-house counsel for California title insurance companies, the firm brings particular depth to insurance coverage analysis and claim disputes.
Common issues we handle
- Wrongful denial of coverage
- Bad-faith claim handling
- Title insurance coverage disputes
- Property and casualty claim underpayment
- Reservation-of-rights and defense disputes
- Coverage triggers and exclusion interpretation
How we approach it
We perform a line-by-line policy analysis — covered risks, exclusions, exceptions, conditions, and any endorsements — alongside the carrier's claim file. California construes coverage broadly in favor of the insured and exclusions narrowly; many denials do not survive a careful re-read of the policy under California rules of insurance interpretation.
Key consideration
Insurance bad faith carries the potential for extra-contractual damages, attorney fees under Brandt, and in egregious cases punitive damages. Preserving the carrier's correspondence and adjuster notes is essential.
Frequently asked
My carrier denied the claim — is that the end of it?
Rarely. California construes coverage broadly in favor of the insured, and many denials reverse on formal coverage analysis or after a Department of Insurance complaint.
What is bad faith?
It is the carrier's breach of the implied covenant of good faith and fair dealing — unreasonable claim handling, denial without proper investigation, or lowball settlement offers. It opens the door to extra-contractual damages.
Should I give a recorded statement?
Generally not before legal review. Recorded statements lock in testimony before facts are fully developed and often hurt the claim more than they help.
What We Watch For
The Issues That Decide Cases
Notice & Cure Provisions
Most contracts require pre-suit notice and an opportunity to cure. Skipping them can forfeit the claim entirely.
Attorney Fee Clauses
Civil Code §1717 makes one-way fee clauses reciprocal in California — fundamentally changing the economics of litigation.
Arbitration & Forum Clauses
Mandatory arbitration, venue, and choice-of-law provisions decide where and how a dispute is heard before the merits are reached.
Resolution Methods
Choosing the Right Forum
Court Litigation
Superior Court for larger contract claims and matters not subject to arbitration. Small claims jurisdiction handles certain disputes under $10,000 with streamlined procedures.
Private Arbitration
Required when the underlying contract contains a binding arbitration clause. Often faster than court litigation, with a single arbitrator or panel issuing a binding decision.
Mediation
Voluntary or court-referred negotiation guided by a neutral mediator. Frequently resolves matters at lower cost than full litigation while preserving business relationships.
Our Process
A Clear Path Forward
Six deliberate steps — from first call to resolution — designed for clarity at every stage.
Step 01
Initial Consultation
Discuss the matter and identify available options.
Step 02
Contract Review
Read the agreement, addenda, and correspondence in full.
Step 03
Demand & Strategy
Frame the claim and serve any required pre-suit notices.
Step 04
Mediation/ADR
Pursue resolution through the contract's chosen mechanism.
Step 05
Litigation/Arbitration
Proceed to formal proceedings when settlement isn't reached.
Step 06
Resolution
Conclude the matter — judgment, award, or settlement.
Recoverable Attorney Fees
In many contract matters, attorney fees may be recoverable from the losing party if provided for in the contract. We review every agreement at the outset to identify fee-shifting provisions that may meaningfully change the economics of pursuing or defending a claim.
Consultation Prep
What to Bring to Your First Meeting
The more complete the record, the more useful the first hour together. Don't worry if items are missing — bring what you have.
- 01The signed contract and any amendments or addenda
- 02All correspondence — letters, emails, texts, notices
- 03Invoices, payment records, and accounting statements
- 04A timeline of performance, breach, and key events
- 05Insurance policies and any denial or reservation letters
- 06Names of witnesses and other parties involved
Get In Touch
Facing a Contract Dispute? Let's Talk.
Evaluation available via phone, email, ZOOM, or our online form.
(916) 789-9951