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California Commercial Litigation Lawyers |
 | California Business Torts: Commercial Transactions Litigation |
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18. CONSTRUCTIVE EVICTION
The traditional elements of Constructive Eviction are: (1) the landlord commits or omits an act or acts which (2) render the premises or a substantial portion thereof unfit for the purposes for which they were leased.
Because constructive eviction is not a contract action, punitive damages may be available for wrongful eviction obtained with the use of oppression, fraud, or malice.
The Scarlett Law Group handles commercial transactions, business matters and litigation in these areas:
There are at least 23 common law business torts recognized by most states. Indeed, some variations of each claim would necessarily bring the number of business torts much higher. These claims include, but are not limited to, the following types of claims:
- Fraud
- Conversion
- Negligence
- Negligent Misrepresentation
- Malicious Prosecution
- Abuse of Process
- Tortuous Interference with Contract
- Interference with Employment Relationship
- Interference with Prospective Economic Advantage
- Invasion of Privacy
- Intentional Interference with the Right to Pursue a Lawful Business
- Misappropriation of Trade Secrets
- Slander of Title
- Trade Libel
- Trademark Infringement
- Trade Name Infringement
- Unfair Competition
- Constructive Eviction
- Conspiracy to Induce Breach of Contract
- Civil Conspiracy
- Nuisance
- Plagiarism (Copyright Infringement)
- Product Liability
The Scarlett Law Group, based in San Francisco, is a national law office specializing in the trial and resolution of commercial litigation suits in California and throughout the United States. The Scarlett Law Group has been given the highest rating possible "AV" and is on Martindale Hubbell's Bar Register of Preeminent Lawyers. The Scarlett Law Group has obtained outstanding results in commercial and business litigation cases and is well suited to handle your commercial transactions, business matters or litigation needs. The Scarlett Law Group offers creative and flexible fee structures. Please feel free to contact us for a free initial consultation concerning your matter.
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$4,125,000 (Real Estate Fraud and Misappropriation)
Co-owners of an office building in San Francisco received a settlement of $4,125,000 against other co-owners who were managing the building involving fraud and misappropriation of monies. This case was handed by Mr. Scarlett and Mr. Ormiston. The settlement occurred through mediation at JAMS after disclosure of expert witnesses which included a former Real Estate Commissioner, real estate brokers, a forensic handwriting expert and two accounting firms.
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