Legal Question in Business Law in California

Breach of Contract info wanted

Please respond only if you can help on contingency in re breach of contract case. Seller offered to pay commission for broker to find buyer. Then sold to broker's buyer and did not pay 6% promised commission on a $2,200,000 purchase price. If you have read Torelli v. J.P. and Buckaloo v Johnson then you have read my case. Same issues, with a twist. Can you help? I filed pro se and have been creamed by judges et al. Can you tell me what to do after a remittitur has been filed? do I appeal to the U.S.courts now? thank you


Asked on 1/28/02, 10:34 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach of Contract info wanted

Where you appeal depends upon where you're appealing from. Final decisions and certain orders of California Superior Courts go to the California Court of Appeal for the appropriate appellate district, based on geography. Interim orders and certain procedural disputes can be the subject of writ review by the Court of Appeal. If the trial was in a federal court in California, your appeal is to the 9th Circuit Federal Appeals Court.

Not many attorneys take contract matters on contingency. I would be willing to review your procedural stance and the merits of your case or your proposed appeal and maybe we can negotiate something. If you so wish, I will review the cases you cite and discuss their application to your situation.

Your case probably faces a deadline for some action such as filing a Notice of Appeal, so you should act promptly, whether you retain an attorney or continue pro se. Appeals require substantial legal knowledge, brief writing and research, and are not an appropriate place to represent yourself with 6% of $2 million potentially at stake.

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Answered on 1/28/02, 11:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Breach of Contract info wanted

I presume that the remittitur was issued by the Court of Appeal. If so, your case is probably finished. There is generally no way to take a state civil case and appeal it to a federal court, unless you file a cert petition with the U.S. Supreme Court (a difficult and usually futile exercise). This option is only available for 60 days after the California Supreme Court either decides your case or declines to review it. If you haven't taken your case to the California Supreme Court, then you don't have even this option.

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Answered on 1/28/02, 11:31 pm


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