Category

Breach of Contract

How Can I Protect My Small Business From Lawsuits?—Compliance (Part I).

By | Breach of Contract, Business, Civil Actions, Contract, Investments, lawyer, Litigation, News & Announcements | No Comments

By Eduardo A. Maura. I’ve represented dozens of small businesses throughout the years. The main concern or question I am asked is still: How do I protect my business from lawsuits? The first thing that comes to mind is compliance. It is extremely important that businesses comply with all laws, regulations, and codes. Oftentimes, during litigation, litigants will use any violations of the law, ordinance,…

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Ayala Defeats Motion for Summary Judgment in Contentious Defective Seeds Case in the Central District of California

By | Agricultural Litigation, Breach of Contract, Business, Civil Actions, Lawsuit, lawyer, Litigation, News & Announcements, Seed Litigation | No Comments

Ayala defeated the Defendant Corona Seeds’ Motion for Summary Judgement (MSJ). An MSJ is a request to the court in which the party moving argues that there are no factual issues in dispute, and the judge, rather than the jury, should decide the case in its favor. In the case, Ayala’s clients, two Peruvian growers, allege that they were sold defective seeds from the defendant…

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The Three Most Common Contractual Disputes and How to Avoid Them

By | Breach of Contract, Business, Civil Actions, Consumer, Contract, Lawsuit, lawyer, Litigation, News & Announcements | No Comments

There is a myriad of issues that can make an otherwise great contractual relationship go wrong. In this article we discuss the three most important ones we’ve found throughout the years: Lack of, or insufficient paper evidence of the contract: Believe it or not, one of the main problems is that we can’t find the actual contract. Whether it is finding signed version, all the…

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Most Common Shareholder Disputes in Small Business Partnerships and How to Anticipate Them.

By | Breach of Contract, Business, Contract, In the News, lawyer, News & Announcements | No Comments

Shareholder disputes are unfortunately not uncommon. Partners start with plenty of enthusiasm and ideas, but little of these ideas are placed in concrete sentences, in a binding piece of paper. Let’s make this graphic but describing a situation we’ve faced with many clients through out the years. In a normal partnership, let’s say of two that are 50/50 in ownership, there is always one partner…

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Ayala’s Client Case Against Simply Healthcare Plans Inc., Set For Jury Trial in August 2019

By | Blog, Breach of Contract, Business, Civil Actions, Civil Procedure, Contract, Fraud, Litigation, News & Announcements, Trial | No Comments

After nearly two years of contentious litigation, Ayala’s case on behalf of its client, a Miami Medical Center, is set for jury trial in August 2019. In the case, Ayala’s client claims that the defendant, wrongfully terminated its contract with it, under bogus allegations of violations of the law, in an effort to transfer Ayala’s client’s patients to other friend-centers of (or in association with)…

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Ayala Files Breach of Contract Action on Behalf of Its Client Against Miami Condominium Association.

By | Blog, Breach of Contract | No Comments

Ayala filed a breach of contract action against a Miami Condominium Association. Ayala’s client, a Miami contractor, had entered into a one year agreement to perform diverse services for the Association. In what’s not (unfortunately) unusual in condo associations behavior, the association disregarded Ayala client’s contract once there was a change in the board of directors, to favor contractors that are friendlier to the new…

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Ayala Files Class Action Against Miami Mall of The Americas’ Owners on Behalf of its Client and Other Similarly Situated Businesses

By | Blog, Breach of Contract, Business, Civil Actions, Class Action, Contract, lawyer, Litigation, News & Announcements, Real Estate | No Comments

Ayala filed a Class Action on behalf of its client, and as representative of an entire class of plaintiffs, at the popular Miami Mall of the Americas. The lawsuits names the Mall owners, Sterling Corporation, a conglomerate with dozens of assets nation-wide, and other related defendant, SC-Mota Associates Limited Partnership. The class action alleges that Sterling, once it signed a deal with Costco, it completely…

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Ayala Lawsuit on Behalf of Two Peruvian Companies in the Central District of California Defeats Motion to Dismiss and Advances

By | Blog, Breach of Contract, Business, Contract, lawyer, Litigation, News & Announcements, South America | No Comments

On August 28, 2018, the U.S. Central District of California substantially denied the Defendant’s Motion to Dismiss all claims brought on behalf of Ayala’s two Peruvian clients. The lawsuit alleges the “Defendant . . . knowingly or with reckless disregard for the truth shipped Plaintiffs certain seeds, in such deteriorated condition that they caused substantial damages to Plaintiffs’ lands, crops, and clients, virtually destroying their…

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Unjust Enrichment in Real Estate Cases—an Overview.

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Fraud, Litigation, News & Announcements, Real Estate | No Comments

Unjust Enrichment is a legal theory applicable when one person is enriched at the expense of another in circumstances that the law deems unfair. It is usually used when there is no valid contract or no contract at all between the parties. The elements of unjust enrichment are: (1) plaintiff conferred a benefit upon the defendant, who has knowledge of that benefit; (2) defendant accepts…

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Ayala files civil theft action against self-declared investment advisor.

By | Blog, Breach of Contract, Business, Civil Theft, Fraud, Litigation, News & Announcements, Real Estate | No Comments

Ayala files lawsuit in the 11th Judicial Circuit of Florida against a self-declared investment adviser’s scheme targeting foreigners. As stated in the Complaint, “[Defendants] . . . held themselves out to be experienced real estate investors and investment advisers able to purchase foreclosures properties at auction, and sell them at large profits.” Under the guise of being experienced investment advisors, the Defendants persuaded the Plaintiffs,…

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