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Lawsuit of the Day: Kidnapper Sues Hostages for Breach of Contract

Read about this shocking case we heard about here:

You always hear urban legends (and some of them turn out to be real cases) about burglars who sue — and win against — homeowners for injuries sustained during the robbery. These are the kinds of cases that make you wonder how the justice system even functions, because you can literally sue for just about anything these days.

Oh, you fell through a skylight while you were attempting to burglarize a home and cut your arm? File a lawsuit! You tried to steal a television set from your neighbor and got bitten by his dog in the process? Time to litigate! So, what happens when you’re on the run and you decide to break into a couple’s home and hold them hostage?

Our latest pro se criminal litigant decided to up the ante. He’s suing his former kidnapping victims for breach of contract….

Back in 2009, Jesse Dimmick was fleeing from the police in a stolen car on murder charges he faced in Colorado. He made it as far as Kansas (which is impressive!), but it was at that point, he decided it would be a good idea to find a place to hide. That place turned out to be the home of Jared and Lindsay Rowley, a newlywed couple.

Dimmick reportedly entered the Rowleys’ home brandishing a knife. The Rowleys were frightened, but were apparently able to gain Dimmick’s trust by offering him Cheetos and Dr. Pepper and watching a movie with him. You can’t complain about a cheap date.

The couple escaped after Dimmick fell asleep, and of course, they decided to sue him. They’re seeking more than $75,000 in their suit for trespass, negligent infliction of emotion distress, among other things. But here’s the kicker… Dimmick is countersuing.

What for? After the Rowleys contacted the police, an officer’s gun was accidentally discharged, and Dimmick was shot in the back. Dimmick blames the Rowleys. The Topeka Capital-Journal has more:

Jesse Dimmick

Dimmick filed a response Oct. 21 seeking to have the Rowleys’ claim dismissed and stating a counterclaim for breach of contract seeking $160,000 to cover hospital bills and $75,000 for pain and suffering.

Dimmick’s response said he was representing himself “without the aid of proffessional (sic) legal counsel.”

He wrote that after he entered the Rowleys’ home, “I told them that I was being pursuid (sic) by a person, or persons, who appeared to be police officers, who were trying to kill me.”

He added: “I, the defendant, asked the Rowleys to hide me because I feared for my life. I offered the Rowleys an unspecified amount of money which they agreed upon, therefore forging a legally binding oral contract.”

Maybe if Dimmick had consulted with a lawyer, or hell, even a law student, he would have known that you can’t contract for something that’s illegal, like, I dunno, harboring a fugitive?

And that’s really beside the point, because if a man came into your home and allegedly threatened you with a knife, wouldn’t you go along just about anything he said to escape with your life? Hello, that’s called duress.

Let’s put this in terms that Dimmick can understand: “pursuiding” this claim makes you a “proffessional” loser.

http://abovethelaw.com/2011/12/lawsuit-of-the-day-kidnapper-sues-hostages-for-breach-of-contract/

Will Double Jeopardy Apply in a Breach of Contract Case?

Double Jeopardy protects a person from being charged with the same offense more than once. Of course this law only protects against certain charges. The supreme court states that double jeopardy is not limited to corporal punishment or capital crimes, it also extends to misdemeanors, felonies, and juvenile delinquency adjudications, irrespective of the punishments they proscribe. So what about a breach of contract case?

http://wblawgroup.com/WebbBordson/blog/does-double-jeopardy-apply-in-breach-of-contract-law/

Breach Of Contract: What If I didn't Sign Anything?

A verbal contract is much harder to prove than a written one, but not impossible. The existence of a verbal contract is harder to prove, but not impossible. Some types of verbal contracts are: via email, via SMS text, via telephone, shaking hands. If you enter into a verbal contract you must make sure you keep a record of the closing agreement.

http://wblawgroup.com/WebbBordson/blog/you-can-sue-and-be-sued-for-breach-of-contract-even-if-you-didnt-sign-anything/

#breach of contract #legal agreement #attorney #business lawyer

Breach of Lease Contract

Even with a court order from a breach of lease contract case, the tenant should not be forcibly evicted. The court will present a date the tenant must leave the premises. If the tenant does not move by this date then the landlord may file a Writ of Possession.

http://wblawgroup.com/WebbBordson/blog/for-breach-of-lease-contract-you-can-let-the-court-evict-the-tenant/

#breach of contract #tenant #landlord #lease contract

Kristen Bell Sues Hollywood Restaurant For Alleged Breach Of Contract

Even celebrities sue for breach of contract! read this article we found:

Kristen Bell is suing Hollywood restaurant and bar L'Scorpion for breach of contract.

The 32-year-old mom-to-be and a few others are reportedly taking legal action amid claims that the owners failed to pay them their portion of its profits. According to court documents obtained by E! News, Bell and the four other plaintiffs in the case filed the lawsuit against Meridian Restaurant group on Jan. 25.

They each invested $20,000 in the tequila bar in July 2005 and were supposed to receive five percent of its profits in return. But according to the lawsuit, the bar generated monthly earnings up to $30,000 since its opening in 2006 and the "House of Lies" star and the other investors didn't receive their fair share of those profits.

Bell is allegedly claiming breach of contract and breach of fiduciary duty.

She is currently expecting her first child --rumored to be a baby boy -- with fiance Dax Shepard this spring.

http://www.huffingtonpost.com/2013/01/27/kristen-bell-sues-hollywood-restaurant_n_2561925.html

Breach of Contract and What Is Required

One element that is require to sue or be sued for breach of contract is that one party did not honor his or her agreement. An example of this element would be if an athlete signs a contract with his team, and the team however did not pay him on his last year. The team did not honor their agreement.

http://wblawgroup.com/WebbBordson/blog/contract-law-attorney-cites-3-elements-for-a-breach-of-contract-case-to-stand/

Defenses to a Breach of Contract Claim

Read about the defenses to a breach of contract claim in this article we found:

In a contract dispute over a breach of contract, you should raise as many legal defenses as possible, including "affirmative defenses." It's usually not enough to simply deny legal wrongdoing; you must respond with every plausible argument that justifies your position. And, if you don't raise defenses in the early stages of a breach of contract lawsuit, you may be prevented from raising them later. This article explains how affirmative defenses work and looks at the kinds of legal defenses that might be used in response to a breach of contract claim. (To learn more about what makes an agreement irreparably broken in the eyes of the law, check out Nolo's article Breach of Contract: Material Breach.)

What Is an Affirmative Defense to a Breach of Contract Claim?

Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial.

An affirmative defense does not contest the primary claims or facts (for example, that there was a breach of contract), but instead asserts mitigating facts or circumstances that render the breach claim moot. In other words, it is like saying, "Even if I breached the contract, the other party should not win the lawsuit." For example, let's say that Dodd, a teenage singer, fails to show up for a concert and is accused of breaching his contract to provide entertainment services. Regardless of whether he breached the agreement, Dodd may assert the affirmative defense that he lacked the capacity to enter into the contract in the first place because he's a minor. (Learn more about what this means in Nolo's article Who Lacks the Capacity to Contract?)

Common Affirmative Defenses to a Breach of Contract Claim

How you frame your legal defenses in a breach of contract lawsuit is limited only by your lawyer's imagination (and your ability to bankroll legal fees). Some of the most common defenses are listed below.

The contract was supposed to be in writing. If the other side argues that an oral agreement should be enforced against you, you may be able to defend yourself by claiming that a state law (known as the "statute of frauds") requires the type of contract -- for example, for the sale of real property -- to be in writing.

The contract is indefinite. If the essential terms were never agreed upon, you may be able to defend by arguing that the contract is indefinite. This means either the parties did not consider the deal to be final or that a court could not discern the essentials, even by implication (for example, if it's not clear how long an agreement should last or what the specifications are for a construction project). Agreements to agree (such as letters of intent or agreements in principle) are usually considered indefinite and therefore unenforceable, although courts will require the parties to act in good faith to reach an agreement.

There is a mistake. You can defend yourself by proving that a mutual mistake was made as to an essential fact in the contract -- for example, both parties were mistaken as to the authenticity of a painting. You cannot use this defense when referring to a mistake in judgment by one party ("Oops, I could have gotten so much more for my painting!")

You lacked capacity to contract. If you lacked capacity (that is, you couldn't understand what you were doing when you entered into the deal, as discussed in the example above), the contract may be voidable. This defense is most likely to succeed in the case of minors and those with mental incapacities.

You were fraudulently induced to enter into a contract. A contract will be invalid if it was induced by lies, under duress ("Sign this or we'll take your cat"), or by a trusted person's undue influence (your real estate agent advises you to buy because she secretly gets a kickback from the seller).

The contract is unconscionable. A contract won't be enforced if it is grossly unfair. This almost always occurs in situations where the bargaining power is severely imbalanced (as in a contract of adhesion) and the party with more power takes advantage by forcing unfair conditions, clauses, or waivers on the other party.

estoppel. When one party makes a statement excusing performance of the agreement and the other party relies on that statement, the first party may be prevented from later denying that statement and claiming a breach. For example, if a bank president calls a homeowner and tells her that the bank won't foreclose for six months in order to give the homeowner a chance to sell the home, the bank will be held to its six-month promise.

The contract is illegal. A contract is unenforceable if its object or the thing bargained for is illegal -- for example, a contract that enables prostitution, violates tax laws, or requires the destruction of records. Contracts that may indirectly aid illegal purposes will sometimes be enforced -- for example, an agreement to supply gambling machines, even though they may be illegal in some states, may be enforced. Sometimes, a court will sever the illegal aspect from the agreement, leaving the rest of the contract enforceable.

The Catch-All Defense: Arguing in the Alternative

If you've been sued for breach of contract, the law permits you to claim as many alternative defenses as you want, even if they contradict each other. For example, you may argue that the contract is invalid or unenforceable, that you performed as required by the contract, and alternatively, that your failure to perform was justified by the other party's actions -- even though those arguments can't all be true. (It's a little bit like the criminal defense attorney who argues his client was 100 miles from the scene of the murder and, alternatively, that the murder was in self-defense.) Finally, in some cases, you may admit to the breach and assert defenses only to the damages claimed by the other side.

http://www.nolo.com/legal-encyclopedia/defenses-breach-of-contract-claim-33338.html

Statute of Limitations for Breach of Contract: What Is It?

If you believed your rights were violated, the first thing you need to do is meet with a business consultant right away. This meeting will inform you of your time frame for filing the case. Your lawyer might even suggest you settle your case rather than go to court.

http://wblawgroup.com/WebbBordson/blog/what-is-the-statute-of-limitations-for-breach-of-contract/

Racial Discrimination

Some acts of racial discrimination are more obvious than others. This type of discrimination is called, “Disparate treatment," and is easier to prove than other types of discrimination. "Disparate treatment," refers to when certain groups of people are treated differently because of race, gender, religion, or age.

http://wblawgroup.com/WebbBordson/blog/racial-discrimination-101-san-diego-employment-attorney-notes-that-discrimination-comes-in-different-shades/

How to Hire A Lawyer For Your Business

Read this articles on how to hire a lawyer for your business:

There are two professionals every business will need early on: an accountant and a lawyer. The reasons for hiring an accountant are pretty obvious—you need someone to help you set up your “chart of accounts,” review your numbers periodically, and prepare all of your necessary federal, state and local tax returns. The reason for hiring a business attorney may not, however, be so apparent. A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability. First, some general rules about dealing with lawyers:

If you are being sued, it’s too late. Most small businesses put off hiring a lawyer until the sheriff is standing at the door serving them with a summons. Bad mistake. The time to hook up with a good business lawyer is before you are sued. Once you have been served with a summons and complaint, it’s too late—the problem has already occurred, and it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.

America’s judicial system is a lot like a Roach Motel—it’s easy to get into court, but very difficult to get out once you’ve been “trapped.” Most lawyers agree that while nobody likes to pay attorneys’ fees for anything (heck, let’s let our hair down—nobody likes paying or dealing with lawyers, period), but the fee a lawyer will charge to keep you out of trouble is only a small fraction of the fee a lawyer will charge to get you out of trouble once it’s happened.

Big firm or small firm? Generally speaking, the larger the law firm, the greater the overhead, therefore the higher the hourly rates you will be expected to pay. Still, larger firms have a number of advantages over smaller ones. Over the past 20 years, lawyers have become incredibly specialized. If you use a solo practitioner or small firm as your lawyer(s), it’s likely that they will not have all the skills you may need to grow your business. I don’t know of any solo practitioner, and very few small firms (under 10 lawyers) that could handle your lawsuits, negotiate your lease of office or retail space, file a patent or trademark, draft a software license agreement, advise you on terminating a disruptive employee, and oversee your corporate annual meeting. Sooner or later, these “generalists” will have to refer you out to specialists, and you will find yourself dealing with two or three (or even more) attorneys.

While larger firms are more expensive to deal with, they have two significant advantages: 1) they usually have all the legal skills you need “under one roof,” and 2) they have a lot of clout in the local, regional and (perhaps) national legal community. A nasty letter from a “powerhouse” law firm with offices in 30 states is a lot more intimidating than a nasty letter from a solo practitioner who is not admitted to practice in the defendant’s state. Also, being connected with a large, well-established law firm may have intangible benefits—they may be willing to introduce you to financing sources or use their name as a reference when seeking partnership arrangements. Certainly if you run a fast-growing entrepreneurial company that plans to go public (or sell out to a big company) some day, you would need to work with lawyers whose names are recognized in the investment banking and venture capital communities.

Types of Attorneys

Like doctors, lawyers are becoming increasingly specialized. Someone who does mostly wills, house closings and other “non-business” matters is probably not a good fit for your business. At the very least, you will need the following sets of skills. The more skills reside in the same human being, the better!

1. Contracts. You will need a lawyer who can understand your business quickly; prepare the standard form contracts you will need with customers, clients and suppliers; and help you respond to contracts that other people will want you to sign.

2. Business organizations. You will need a lawyer who can help you decide whether a corporation or limited liability company (LLC) is the better way to organize your business, and prepare the necessary paperwork.

3. Real estate. Leases of commercial space—such as offices and retail stores—are highly complex and are always drafted to benefit the landlord. Because they tend to be “printed form” documents, you may be tempted to think they are not negotiable. Not so. Your attorney should have a standard “tenant’s addendum,” containing provisions that benefit you, that can be added to the printed form lease document.

4. Taxes and licenses. Although your accountant will prepare and file your business tax returns each year, your lawyer should know how to register your business for federal and state tax identification numbers, and understand the tax consequences of the more basic business transactions in which your business will engage.

5. Intellectual property. If you are in a media, design or other creative-type business, it is certainly a “plus” if your lawyer can help you register your products and services for federal trademark and copyright protection. Generally, though, these tasks are performed by specialists who do nothing but “intellectual property” legal work. If your lawyer says he or she “specializes in small businesses,” then he or she should have a close working relationship with one or more intellectual property specialist.

http://www.entrepreneur.com/article/58326

What Are a Couples Options For Divorce?

Divorce is know to be a lengthy court process, but if you are dreading this process it is time to consider your other options. Here at WbLaw group we can provide you with the legal advice and emotional support you need. We custom tailor legal services to meet your needs, and can provide you with the proper information to make a decision on which process to undergo.

http://wblawgroup.com/WebbBordson/blog/family-law-attorney-explains-your-options-for-divorce/

Vacation Pay Laws In California

In California if an employer allows vacation time, it is mandatory for this vacation time to be paid. If this vacation time is unused, the employee still has the right to be paid for it. If an employee accumulates vacation time over several years and their rate of pay was lower in past years, the employee should be paid their current wage when collecting their vacation time.

http://wblawgroup.com/WebbBordson/blog/employment-law-questions-how-do-california-labor-laws-apply-on-vacation-pay/

Employment Attorney Talks About Protection For Employed Pregnant Women

Employed pregnant women are strongly protected in California by law. It is important for women to understand these laws in order to protect themselves. If an employer is not cooperating, a woman should use an experienced employment attorney to help her.

http://wblawgroup.com/WebbBordson/blog/employment-attorney-cites-laws-protecting-employed-pregnant-women/

An event called Senior Scam StopperSM, which aims to educate senior citizens about financial scams, was spearheaded by California's state senator Ted Lieu last June 14. This event is intended to raise senior citizens' awareness on financial scams and investment fraud. As scam artists target unsuspecting or vulnerable people, they see senior citizens as fitting targets. While there are now modern ways that scam artists use to take your money, there are those who still do it the traditional way. That's why it's smart not to trust strangers claiming to be salespeople or contractors. These, and other important information on how to avoid scammers and swindlers, are the foci of the said event. But if you have already been scammed or conned, call for established business litigation lawyers in San Diego immediately. Equipped with the right knowledge, senior citizens can protect themselves from falling prey to scams and other exploits.

A class action suit was filed against Google's Library Project when the said web browser scanned and compiled over 20 million books presumably without the consent of the authors. A New York federal appeals court reversed the ruling given by a lower court. The decision is still subject to change, depending on the sides federal and state courts will lean on with regard to class action suits. On another note, the case can't be understood well without defining class action suits. In this type of lawsuit, a group of people can collectively sue a single defendant and vice versa. Either way, you will need the help of a competent business lawyer from San Diego to fully defend your case. To ensure that you get the right compensation, hire an experienced lawyer who knows his way around the industry. Save yourself from all the stress and drama and leave everything in the hands of your trusted legal representative.

A Look At the Complicated Nature of Family Law

Family law relates to matters of dispute and obligation among family members, or any other issues that significantly affect relationships within a family. In the state of California, some of these issues include divorce or separation, domestic violence, child support, and child abuse.

In some cases, more than one family law issue may arise with each case. For example, details surrounding child support and custody are often part of the settlement in a divorce case. Even after the divorce is finalized, and the rights and obligations of both parents are defined and legally agreed upon, problems may still arise if both or either of the parents do not abide by the agreement. These problems may then need to be settled anew in a family court.

Domestic violence may also be involved in a divorce case. Separate laws cover cases of domestic violence, including the victim's right to seek police protection. A separate set of laws involving children is also involved, including those covering the need to separate the child from the abusive parent. The child, for instance, may be required to live with a third party such as a relative or a foster home.

Family legal issues can get very complicated. For this reason, lawyers handling family-related cases have to be specialists in the area of family law. Family law attorneys should, however, demonstrate more than expertise as they also have to exercise sensitivity given the highly personal nature of these cases.

#family law attorney fresno ca #divorce attorney #fresno divorce attorney

Filing a Wrongful Termination Case in San Diego

When the recession hit a few years ago, a lot of people suddenly found themselves jobless. Those who are lucky enough to hold stable jobs now know that they must work doubly hard to stay employed. This means instilling self-discipline and the willingness to give 110 percent to accomplish work-related responsibilities. Yet even model employees may sometimes end up getting fired for no clear or valid reason.

If something like this ever happens to you, then you've got every reason to take action against your employer. This is especially true if you have an employment contract that's still legally in force. To file a wrongful termination case against your employer, you'll need the help of an attorney who specializes in employment law.

If you are a San Diego resident, you must file the case with the California Department of Fair Employment (DFEH) who will then put your situation under investigation. Part of the investigation will require you to show up for an interview at the DFEH office. During the interview be sure to answer each question honestly and in full detail. If the DFEH has reason to believe you have a strong case, they'll require you to participate in the mediation process to talk about how to resolve the issue.

#employment attorney san diego #Law Group #Law

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