California Corporate & Securities Law

Known for the elegance of his Latin, French humanist Marc Antoine Muret observed "que Graece Latineque sciat, is, quocunque terrarum venerit, apud plerosque admirationi erit (and whoever knows Greek or Latin, wherever in the world she shall go, will...

Section 1608 of the California Civil Code has been on the books since 1872.  It provides:

Consider the following provision of in a contract between a general contractor and a subcontractor:

Rugger Investment Group LLC contracted to sell an airplane to Magic Carpet Ride, LLC (MCR). Rugger deposited a lien release into escrow 8 days late. MCR succeeded in obtaining summary judgment on its breach of contract claim. The Court of Appeal...

"Oral" is derived from the Latin word, os, meaning mouth.  "'Oral' means spoken in the sense that the mouth is used to articulate words or sounds."  People v. Gonzalez, 2 Cal. 5th 1138, 1142 (2017). "Oral" is often confused with "verbal" which means...

Attorneys often sign settlement agreements under the words "approved as to form" or "approved as to form and content". In signing the settlement agreement, an attorney may not expect to be bound by the settlement, but should she? That question was...

When a party is allowed to rescind a contract, the contract is quite literally torn up.  Thus, Section 1688 of the California Civil Code provides "A contract is extinguished by its rescission". If a contract is extinguished by rescission, it would...

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump.  Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6, 2018). In that post, I...

Old school lawyers are familiar with the notion that "the failure to reach a meeting of the minds on all material points prevents the formation of a contract even though the parties have orally agreed upon some of the terms, or have taken some...