Legal Question in Business Law in California

Ok, my mother in law owns a landscaping business. Everything was registered to her name. When her and her illegal husband were seperating she felt it was best to sell the business to her son and I so that we can take care of her (she has suffered multiple strokes and a case of dementia for which she has recovered from) my husband and I are buying the business in monthly installments throughout a period of time so that she has a steady income. Her drunken and abusive husband (who has no legal papers to be in the US) went behind her back and "sold" all of the customer names and contact info, along with thousands of dollars worth of equipment which was kept in a storage facility also in her name. Now it seems were in a power struggle to get the yards that legally belonged to us and the man her husband "sold" the names to is claiming to ber her business and causing us problrems and mass amounts of profit losses due to the "drama" that is going on. Can we sue them and what do we need to do so?

Asked on 2/05/10, 10:48 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If there is proof through proper court evidence of what you say, then you definitely can sue them. There are trade secrets and Uniform Commercial Code issues in the situation you describe, and those are tricky areas of the law. I am a big fan of people handling their own legal issues when they can, as you will see if you read my answers on this site. In this case, however, you need a lawyer and you need one immediately. I used to represent Meris Labs in their trade secret matters, and I can tell you it's not an area of the law that is easy to navigate. I would be happy to give you a free initial consultation about your options. You can then decide if you want to retain me, look for other counsel, or take your chances on your own. My main office is in Walnut Creek and I also have an office in Oakland we could meet at. Give me a call if you would like to make an appointment.

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Answered on 2/10/10, 12:04 pm

Daniel Bakondi The Law Office of Daniel Bakondi

I could send them an attorney letter telling them to stop immediately. Please contact my office to discuss - I could have the letter out today.


Daniel Bakondi, Esq.

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Answered on 2/10/10, 1:24 pm

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