California Business Litigation and Legal Insights
Publications from Elpis Law on California business, civil, real estate, family, trust, technology, and cross‑border disputes.
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When a Registered Product Design May Still Be Functional, and Unprotectable as a Trademark
A practical guide for businesses that receive a trademark cease-and-desist letter based on a product configuration or design feature.
Read the Article →What Happens When a Business Partner or Joint Venturer Diverts Business Money?
Partners and joint venturers owe fiduciary duties under California law, including accounting for profits and refraining from appropriating business opportunities. Corp. Code section 16404, Weiner v. Fleischman, Pellegrini v. Weiss.
Read the Article →Can You Freeze a Defendant’s Assets Before Judgment in California?
California's prejudgment writ of attachment can secure assets while a lawsuit is pending, but only for certain contract claims and on statutory proof. Code of Civil Procedure sections 483.010, 484.010, 485.010.
Read the Article →Can a California Business Owner Inspect the Company’s Books and Records?
California shareholders, directors, and LLC members have statutory inspection rights, but the scope depends on the entity and the person's status. Corp. Code sections 1600 through 1604 and 17704.10.
Read the Article →Can You Have an Oral Joint Venture in California?
California law recognizes that a joint venture may be formed orally or inferred from conduct, but the statute of frauds can still apply. Weiner v. Fleischman, April Enterprises v. KTTV, and Civil Code sections 1622 and 1624.
Read the Article →Can You Enforce an Oral Profit-Sharing Agreement in California?
An oral promise of a share of profits may be enforceable in California, but the statute of frauds and the evidence of what was actually agreed usually decide these cases. Civil Code sections 1622 and 1624; Weiner v. Fleischman.
Read the Article →Is a Verbal Contract Enforceable in California?
California law generally allows oral contracts, but the statute of frauds requires some agreements to be in writing, and proving the terms is often the real battle. Cal. Civ. Code sections 1565, 1622, 1624.
Read the Article →Speak with counsel about your matter.
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