Goode | HemmeFindLaw IM Template2026-10-13T12:55:32Zhttps://www.sandiegoattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1600772/2020/06/cropped-fav-icon-32x32.pngOn Behalf of Goode | Hemme<![CDATA[What can you do if a seller backs out of a real estate contract?]]>https://www.sandiegoattorney.com/?p=477542026-10-13T12:55:32Z2026-10-13T12:55:32ZYou’ve finally found a property you want to buy, negotiated the terms with the seller and signed a purchase agreement. You may have already paid a deposit, arranged financing or started planning your move when the seller suddenly announces they no longer intend to proceed with the sale.
A seller’s decision to back out can leave you facing unexpected expenses and uncertainty about what happens next. Fortunately, the seller’s decision to walk away does not necessarily mean you have to accept the loss or abandon the purchase. Depending on the circumstances, you may have legal options to safeguard your interests.
Start by reviewing the purchase agreement
The first thing you need to ascertain is whether the seller can legally withdraw from the deal. Real estate contracts often contain contingencies involving financing, appraisal and inspections. These provisions may allow either party to cancel the contract under specified conditions and within applicable deadlines.If the seller has no contractual right to cancel, refusing to close could constitute a breach of contract, and you may have grounds to pursue a breach of contract claim seeking compensation for your losses. You could also ask a court to order the seller to complete the sale through specific performance.That said, a missed deadline or disputed contingency does not automatically establish the seller’s liability. The contract’s language, the parties’ performance and the circumstances surrounding the cancellation all matter.
Act fast to protect your interests
Delaying action could jeopardize your ability to secure the property. For instance, the seller could transfer it to another buyer or take other steps that make completing the original transaction more difficult. Seeking prompt legal guidance can help you assess your options and determine the appropriate steps to protect your contractual rights.
]]>On Behalf of Goode | Hemme<![CDATA[How to avoid a trade secret suit when hiring from a competitor]]>https://www.sandiegoattorney.com/?p=477522026-10-02T09:51:55Z2026-10-02T09:51:55ZMobility vs. misappropriation
In California, noncompete agreements are generally unenforceable under Business and Professions Code section 16600. This means a company usually cannot stop a former employee from working for a competitor. However, that does not mean the employee is free to bring over their old employer’s confidential information.
Trade secret law still strongly protects things like client lists, proprietary pricing and specialized business processes. You can hire the person, but you still cannot access their former employer’s data or use it to gain an unfair advantage.
Pre-hiring phase: The interview strategy
When vetting a candidate, it is important to ask whether they are still under any confidentiality or nonsolicitation agreements from a current or former employer. It is also vital to clearly tell them not to bring, share or use any proprietary information from their current job during the interview process. Taking these steps shows that your company is acting in good faith and is making a real effort to avoid receiving or applying any trade secrets or confidential information that does not belong to it.
The onboarding documentation
In the offer letter, it is best to include a clause where the new employee confirms they are not bringing any third-party trade secrets or confidential information to your company. On their first day, it is also critical to give them a clear written instruction that they must not use, upload or refer to any materials from a former employer on your systems.
Keeping data separate by requiring employees to use only company-issued devices and software can help prevent information from different employers from mixing. These steps also create a clear record that your company is taking reasonable precautions to reduce the risk of facing trade secret disputes.
Protecting the growth of your business
When you hire workers from competitors, your business practices should show respect for intellectual property and fair competition. A San Diego lawyer can review your hiring protocols and employment contracts to ensure you have safeguards from a competitor's scorched-earth legal tactics.]]>On Behalf of Goode | Hemme<![CDATA[Can a landlord evict a tenant for breaching the lease?]]>https://www.sandiegoattorney.com/?p=477472026-09-27T19:43:02Z2026-09-27T19:43:02ZNot every lease violation leads directly to eviction
The nature of the violation matters. For a breach that can be fixed, a landlord generally must give the tenant an opportunity to correct the violation before moving forward with an eviction. The notice should identify the violation and give the tenant three days, excluding Saturdays, Sundays and court holidays, to correct it or move out. Examples include an unauthorized pet or persistent noise violating the rental agreement.
Some conduct may justify a different type of notice
California law allows a 3-day Notice to Quit for certain serious violations. Think of a severe, unfixable breach, such as illegal activity or major intentional damage. Here, you are not giving the tenant an opportunity to correct the problem. The notice requires the tenant to move out within the required three-day period.
If the tenant does not fix the issue or move out within the required timeframe, you can file an eviction lawsuit in court. Don’t try to remove the tenant yourself by changing the locks, shutting off utilities, or taking other steps to force the tenant out. California law requires landlords to use the court process to regain possession of a rental property.
Protect your rights by following the proper process
If a lease breach has led to an eviction dispute, reviewing the lease, alleged violation, notice and local rules can be critical to protecting yourself. Qualified legal guidance can help clarify whether you have grounds to proceed and how to go about it.]]>On Behalf of Goode | Hemme<![CDATA[Common contract mistakes that lead to litigation]]>https://www.sandiegoattorney.com/?p=476612026-09-10T15:12:04Z2026-09-10T15:12:04ZContracts are fundamental to doing business. From hiring a vendor or providing services to a customer to entering a partnership or working with another company, a well-drafted contract can set expectations and protect your business.
Unfortunately, many business disputes begin with contracts that were poorly drafted, incomplete or not carefully reviewed. Understanding common contract mistakes can help business owners reduce the risk of conflicts and costly litigation.
1. Using vague language
One of the most common sources of contract disputes is unclear language. A contract should clearly explain each party’s responsibilities. Using vague terms without defining them can lead to problems.For example, a contract may state that the work must be completed within a reasonable time. The customer may believe the work should have been completed in two weeks, while the vendor considers two months reasonable. Disputes arise when the parties interpret the contract’s terms very differently.
2. Relying on verbal promises
Business owners sometimes rely on conversations, emails or informal promises instead of putting everything into a written contract. This can create problems later when the parties remember things differently. Include important promises and obligations in the written agreement whenever possible.
3. Failing to identify payment terms
Payment disputes are another common type of business contract dispute. A contract should clearly establish the amount owed, when payment is due, accepted payment methods, deposits or retainers, late-payment consequences and how to handle disputed invoices. The more detailed the payment provisions are, the less room there is for disagreement.
4. Ignoring termination provisions
Some businesses focus too much on how a relationship will begin and not enough on how it will end. A contract should explain the circumstances under which either party can terminate the agreement. Depending on the relationship, termination provisions may address termination for convenience or breach of contract, notice requirements and opportunities to correct a breach before termination.
5. Signing without complete understanding of the contract
The most basic mistake is signing an agreement without carefully reviewing it. A business owner may be eager to close a deal and assume the contract includes the terms discussed during negotiations. However, thefinal written agreement controls many aspects of the relationship, and overlooked provisions can become points of contention later.It can also be worthwhile to have a legal professional review an important contract before signing it. They can help identify ambiguities or unfavorable provisions before they become the basis for litigation. ]]>On Behalf of Goode | Hemme<![CDATA[Top 5 contract clauses every business should understand]]>https://www.sandiegoattorney.com/?p=476592026-08-24T14:56:32Z2026-08-24T14:56:32ZContracts are a part of almost every business transaction. Whether you are working with customers, suppliers, independent contractors or partners, a well-drafted contract helps to establish expectations and reduce the risk of conflicts.
California has specific laws governing contracts. Every situation is unique, but here are common contract clauses that business owners should understand before signing an agreement.
1. Payment terms
Vague payment terms can cause disagreements later. Payment provisions explain how much will be paid, when payment is due and what happens if one party fails to pay on time.
2. Scope of work
The scope-of-work provision defines exactly what each party is expected to provide. This is especially important for service businesses, consultants, contractors and any other business that performs work for clients.A detailed scope can prevent “scope creep,” where one party expects additional work that was never included in the original deal. The contract should explain what is included, what is excluded and how additional work will be handled.
3. Term and termination
The term clause establishes how long the contract will remain in effect. This provision states how and when either party can end the relationship.The agreement should also explain what happens after termination, including any outstanding payments and return of property.
4. Confidentiality
Businesses regularly exchange sensitive information, including financial records, customer information and trade secrets. The confidentiality clause should establish how such information may be used and when it must be protected or returned.
5. Dispute resolution
Contracts often specify what happens when the parties disagree. A dispute resolution clause may require negotiation, mediation, arbitration or litigation.A contract is more than a document to sign and file away. Its provisions dictate every aspect of the agreement, including what each party is promising to do, who bears certain risks and what happens when something goes wrong.Understanding important clauses inbusiness contracts before signing can help business owners identify potential problems. Having a legal representative review the agreement can help protect your company’s interests and finances.
]]>On Behalf of Goode | Hemme<![CDATA[Hoa disputes when rules become legal issues]]>https://www.sandiegoattorney.com/?p=476582026-08-11T10:16:10Z2026-08-11T10:16:10ZMany families choose to live in neighborhoods with homeowners associations because they appreciate the shared amenities and community standards. While these communities can offer structure and consistency, disagreements may arise when homeowners and associations interpret those rules differently.
Most homeowners understand that living in an HOA community comes with certain responsibilities. However, disputes over fines, property improvements or other restrictions may become more complicated when they affect a homeowner's rights to use or maintain their property.
Understanding your rights within a HOA
Homeowners associations are generally responsible for enforcing a community's governing documents, including rules about property maintenance, parking and exterior changes. While these rules can help maintain consistency throughout a neighborhood, an HOA must typically follow its own procedures when addressing alleged violations. This may include providing proper notice, explaining the alleged violation and giving homeowners an opportunity to respond before taking further action. Governing documents may address issues such as exterior renovations, landscaping and property maintenance. Because these rules can restrict how homeowners use their property, disputes over HOA enforcement can sometimes become real estate law matters.California has specific laws governing many aspects of homeowners associations, including the California Civil Code provisions known as the Davis-Stirling Common Interest Development Act. These laws address areas such as HOA governance, assessments, and enforcement procedures. An association must generally follow applicable legal requirements as well as the procedure established in its own governing documents. Disputes can arise when a homeowner believes an HOA has misinterpreted its governing documents, enforced a rule inconsistently or taken action that goes beyond the association's authority. For example, a disagreement over a home improvement project could involve both the HOA's architectural rules and the homeowner's property rights. Likewise, unpaid assessments can potentially lead to a lien against a property, making what began as an HOA disagreement a matter with direct real estate consequences.Although many HOA disagreements can be resolved through communication, not every dispute has a simple solution. Repeated violation notices or threats of legal action may indicate that the matter has become more than a routine neighborhood disagreement. Addressing these concerns early can help prevent additional penalties, liens or other complications while protecting both the homeowner's rights and the association's responsibilities.If you are involved in an HOA dispute involving your property, speaking with an experienced legal professional familiar with real estate law can help you determine how to respond and work toward a practical resolution.
]]>On Behalf of Goode | Hemme<![CDATA[How ambiguity in business contracts leads to disputes]]>https://www.sandiegoattorney.com/?p=476572026-07-27T15:54:46Z2026-07-27T15:54:46ZSome business agreements contain vague language. The vagueness may be obvious (patent ambiguity). For instance, when two clauses contradict each other. Or it may be hidden and only become noticeable when applied in real-life situations (latent ambiguity). For instance, when a contract states payment in “dollars” but it involves international parties.Ambiguity in a business contract can lead to disputes. Here is how this can happen:
Conflicting interpretations
Vagueness can make parties in an agreement form conflicting, yet reasonable, interpretations of their rights and duties. And in most cases, people will form interpretations that favor them. When this happens, expectations differ. For example, if a supplier agreement says delivery should be made within 30 days of receiving a purchase order, but another clause states 35 days, a business owner may expect delivery to be made within 30 days, whereas a vendor chooses the 35-day deadline. A supplier agreement that states “industry-standard” without specifying what is acceptable can result in the delivery of products that are not of the quality a business owner expected.If an employment agreement informs an employee to submit reports “as soon as possible,” they may do so within weeks when the employer meant within days. Further, a partnership agreement that states Partner A shall be responsible for day-to-day operations without specifying duties increases the chances of some tasks going undone.Such mismatched expectations can negatively impact a business, resulting in disputes. A supplier delivering goods five days later than a business owner expected can disrupt operations, resulting in project delays, financial losses and, in some cases, reputational damage. Consequently, the business owner may get into a conflict with the supplier, and so forth.Disputes stemming from ambiguity in business contracts can be costly. It’s vital to draft clear agreements to protect your business and relationships. ]]>On Behalf of Goode | Hemme<![CDATA[What should you do if a business partner stops communicating?]]>https://www.sandiegoattorney.com/?p=476562026-07-20T16:12:49Z2026-07-20T16:12:49ZReview your partnership agreement
Your partnership agreement should be the first place you look for guidance. It may explain how decisions can be made if one partner becomes unavailable, outline procedures for resolving disagreements or describe what happens when a partner fails to meet their responsibilities.
California law also provides default rules for partnerships when an agreement does not address a particular issue. Even so, the written terms you and your partner agreed to often play the biggest role in determining your options.
Document your communication efforts
Keeping a record of your attempts to reach your business partner can become valuable if the dispute continues. Save emails, text messages, letters and notes from phone conversations, including the dates and any responses you receive.
These records help establish that you made reasonable efforts to communicate instead of walking away from the relationship. They can also help your attorney understand how the situation developed if legal action later becomes necessary.
Avoid major business decisions on your own
Making significant decisions without understanding your authority could create additional problems. Before signing contracts, selling business assets or taking other major steps, make sure you know what your partnership agreement allows.
If your partner has stopped responding, an attorney can help you determine whether you can act on your own or whether you need to explore additional legal actions.
Protect your business before the dispute grows
Taking thoughtful action early may help prevent a communication breakdown from becoming a larger legal dispute. An attorney can review your partnership agreement, explain how California law may apply and help you determine the next step that best protects your business and your interests.]]>On Behalf of Goode | Hemme<![CDATA[Can a landlord keep a deposit to make repairs?]]>https://www.sandiegoattorney.com/?p=476552026-07-17T13:59:26Z2026-07-17T13:59:26ZWhen a tenant rents a residential apartment, they usually provide a security deposit. As a landlord, your initial goal for this deposit may simply be to protect yourself if the tenant fails to pay their rent. You already have a certain amount of money on file that you can keep if they do not meet the obligations laid out in the lease.
But what if the tenant does make all of their rent payments, but repairs are necessary after they move out when their lease expires? In that case, could you keep their security deposit to help cover the cost of these repairs?
Do they go beyond normal wear and tear?
As a general rule, landlords cannot keep a security deposit for things that are considered normal wear and tear. The damage has to go beyond that level in order to qualify.For instance, perhaps there are scratches on the baseboard from people moving furniture around. This is normal and expected in any residential space, so the deposit does not apply. But if the tenant recklessly tore the baseboards off the wall entirely and they need to be replaced, that goes beyond normal wear and tear.Another example could be a hole in the wall. If the tenant smashed a large hole through the drywall while moving a couch, you can likely keep the security deposit to pay for the repairs. But if there are just small holes in the wall where someone put in a nail to hang up a picture, that would be considered normal wear and tear.Naturally, landlords and tenants sometimes get into disputes regarding what is an expected level of wear and tear and when the security deposit can be retained. In these cases, it is important to know exactly what legal steps to take.
]]>On Behalf of Goode | Hemme<![CDATA[Landlord actions that may lead to harassment claims]]>https://www.sandiegoattorney.com/?p=476542026-07-06T14:41:06Z2026-07-06T14:41:06ZLandlords have the right to enforce lease terms and protect their property, but those rights have legal limits. Certain conduct intended to pressure a tenant into leaving a rental unit may expose a property owner to liability under California landlord/tenant law.
Understanding California Code, Civil Code § 1940.2 can help you avoid actions that may be viewed as unlawful landlord harassment.
Conduct that may qualify as landlord harassment
California Code, Civil Code § 1940.2 prohibits certain actions taken for the purpose of influencing a tenant to vacate a dwelling. For example, using force, making willful threats or engaging in intimidating conduct that interferes with a tenant's quiet enjoyment of the property may support a landlord harassment claim, even if the tenant never leaves the rental unit.The statute also addresses intentional violations of the rules governing a landlord's right of entry. Entering a rental property without complying with applicable legal requirements may create liability if done to pressure a tenant to move. In addition, threatening to disclose information about a tenant's immigration or citizenship status in an effort to force them out is specifically prohibited under California Code, Civil Code § 1940.2.Certain conduct prohibited by other criminal statutes, including extortion-related offenses, may also form the basis of a landlord harassment claim when used to influence a tenant to vacate.
What landlords can still do
California landlord/tenant law does not prevent you from enforcing a lease in good faith. Providing written or verbal warnings about lease violations, explaining rental rules or addressing legitimate concerns during the normal course of property management generally does not constitute landlord harassment.Likewise, California Code, Civil Code § 1940.2 does not eliminate your ability to terminate a tenancy when permitted by state or local law. The key distinction is that your actions should follow established legal procedures rather than using threats, intimidation or other prohibited conduct to pressure a tenant into leaving.Understanding your responsibilities before taking action can help prevent unnecessary disputes and reduce the risk of litigation. If you have questions about handling a difficult tenancy or complying with California landlord/tenant law, seeking legal guidance before proceeding may help protect your interests.]]>