Suing or being sued
Business clients at Jelinek & Associates fight back honestly--and win! Small business owners may be intimidated by corporate muscle or boilerplate contract legalese. But in plain English, a contract is a pledge of honor--and the courts agree.
Business Litigation
- A couple invested with a national franchise to open a dry-cleaning business. The company failed to deliver. Our attorneys trekked to Cincinnati to get the information through depositions that lead to full reimbursement.
- A cafe owner/tenant built up a business from scratch. Then, at the height of his success, the landlord demanded that the tenant vacate. After months of trial, the landlord paid for the business's true value--the "good will" the tenant's sweat had earned.
- In case after case, partners, employees--and even relatives--filed false claims to our clients' companies. In each instance, Jelinek & Associates took legal action that saved the client's business.
- A San Francisco bicycle-driven buggy business was denied city permits because of the pressure of competing transportation businesses. Instead of suing the city as we were expected to do, we sued the competitors for interference with our client's business. They soon agreed not to resist his attempt to get permits from the city.
- Our client purchased an on-going business from the prior owner, many of whose representations turned out to be fraudulent. We sued for fraud. On the eve of trial, the prior owner offered a small settlement and threatened to file bankruptcy if we did not accept. We rejected the offer, and the bankruptcy was filed, but when we began procedures to prevent bankruptcy protections because of fraud, a large and satisfactory settlement was reached.
Real Estate Disputes
- Our client, a homeowner, was sued by a disgruntled buyer. Our cross-suit filed against the homeowner's broker proved he mishandled the sale, and required him to pay all damages.
- An ill father transferred a deed to his in-laws. Later, when they refused to return the property, we used a "quiet title" action to prove that the transfer had never been intended as a gift.
- A friend disputed our client's ownership of her home, claiming that 'improvements' had given him a half-interest. Our client found herself the object of a lawsuit--we won, and saved her home.
- An owner of a environmental services corporation purchased a building in Oakland as a place for his many employees to work. Although his broker knew that our client needed to construct an additional building on the premises, the broker failed to advise him that zoning and administrative problems would prevent obtaining his maximum use. During litigation, the broker paid him for his losses.
Small Business Rights
- Three small "Mom and Pop" merchants in a shopping center signed a standard lease but were verbally promised more: an anchor tenant like Macy's, good promotion, security, etc. The landlord reneged on many of his promises and the merchants went broke. The jury awarded the $100,000 in lost profits we requested and added another $250,000 in punitive damages.
- BART agreed to permit a weekend flea market at its South Berkeley parking lot if the vendors maintained BART's property. The vendors kept their promise, but BART reneged. We defeated their suit for eviction, and obtained a lease in perpetuity--all on the basis of the original oral agreement.
- A tenant spent large sums improving a warehouse because the owner promised him a five-year lease. The owner reneged; we went to the jury. Result: a five-year lease.
- $5 million victory for our client
- Hotel operator's business saved...wins half-million dollars in fee