Business Issues that may be settled through Litigation

Someone who wants to start his own business should not only have the knowledge in handling the financial venture, he should also know the laws that are useful to his business’ operations. Such laws encompass employment principles, company rules, consumer rights, etc.

But every day is not always a good day for business, for they are some circumstances that may put the owner and his enterprise in peril. Cases like these are serious subjects that may be handled through business and commercial litigation.

• Breach of Partnership
• Confidentiality Agreement
• Debt Collections
• Employer-Employee Relations
• Non-disclosure Agreements
• Shareholder Derivative Suits
• Shareholder Dispute

In order to bring your company on track, a good lawyer who has a deep understanding of business law should also be considered. No matter how big or small the business is a lawyer may definitely lend a helping hand to business owners when it comes to some issues, even those that don’t involve litigation.

• Contracts – Businesses deal with a lot of contracts. From acquiring raw materials to partnership, and even down to its ordinary employees, almost all aspects of running a company deal with agreements. Owners should know the importance of making a contract and agreeing on it in order to minimize the risk of lawsuits.

• Registering/ License/ Permit – Before they can be allowed to open, businesses need to register and acquire a license to operate.

• Control – A lawyer may help a business owner decide on whom to give control or authority regarding the business operation.

• Multi-state business – There are different conditions in every state when it comes to putting up a business. Knowledge of such is helpful to those who want to expand their company to other states.

• Capital – Raising funds, recording income distributions, and being smart when it comes to financial choices are procedures that may help keep the business running.

• Autonomy – "Uniform Laws" fill the gaps for companies that do not have charters, by-laws or other organizing documents regarding particular matters.

• Tax – Companies are expected to adhere to tax regulations set for the type of industry.

• Liability – Businesses are subjected to personal liability, which means that everything is at risk. A lawyer may help minimize this risk by avoiding situations that may pose threat to the owner and his business.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

The Importance of Crashworthiness

There are a lot of possible reasons behind a car accident. However, it’s been said that human error makes up the biggest percentage of those causes. The simplest actions done by the driver or passenger without care or consideration may mean a lifetime of suffering to those who will be affected by the accident.

Aside from human error, machine or auto defect may also be grounds for a vehicular accident. But in this case, the driver or passenger is not liable for it (unless the fault is shared), the liability is with the company that manufactured the car with defects. That’s because companies have a standard of care that must be followed, and selling faulty products is proof that they neglected care during manufacturing.

It is gravely important for manufacturers to make sure that their products are a hundred percent safe. Just recently, a lot of companies have been recalling particular models of their car due to defects found. If the defective automobile caused harm to a person, the company may have to go through the grueling process of litigation.

In order to safeguard their customers, and their reputation as well, companies should do a regular check on their car models. One way to do this is by checking for auto defects and crashworthiness. Crashworthiness is the ability of a vehicle to withstand impact and protects its occupants from injuries.

There are different criteria used in determining crashworthiness and the probability of injury, depending on how the impact happened or which part of the vehicle was struck. According to the National Highway Traffic Safety Administration, the following are checked during crashworthiness rulemaking activities.

• Advanced air bags
• Advanced glazing
• Frontal offset
• Head restraints
• Roof crush resistance
• Seat performance in rear impacts
• Side impact occupant protection

Judging by these activities, it’s obvious that crashworthiness puts priority to the safety features of the vehicle. In cases that concern crashworthiness, the cause of an accident is irrelevant, but it may hold the manufacturer liable for any injury if the defect in safety features made or caused worse injuries to the occupants.

Differentiating the injuries from the accident itself and the injuries from the defect may be quite difficult, but the victim must prove it or else no compensation will be awarded.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Common Procedures of Alternative Dispute Resolution

Dispute is an element that any relationship has to go through. Disagreements are bound to happen because people are different from each other. However, disputes, no matter how big or less, shouldn’t ruin people’s relationship, even if it’s not the relationship that is not significant, like in a workplace setting.

Conflicts between employees, and between employees and employer, regularly happen. Prejudice or bias, opposing views, personality clash, difference in communication style, and a special relationship outside the office are the usual causes of office disputes. What makes workplace disagreements bad is when it’s already affecting the performance of the employees involved.

To remedy this, companies use a procedure called Alternative Dispute Resolution which helps them settle disputes through means other than legal action. ADRs are usually cheaper, that’s why it is commonly used on divorce actions and personal injury claims too. There are a lot of procedures that are considered as ADR, some of them still in development as of the moment. However, these are the most common procedures used.

• Mediation – Otherwise known as conciliation, an impartial third party or “mediator” will help the conflicting parties talk through the argument in order to reach a mutually acceptable resolution. Disputes between family members, neighbors or business partners may be resolved through mediation.

• Arbitration – In arbitration, a neutral person or “arbitrator” listens to each side’s arguments then makes a decision. It’s considered a less formal process of trial, but the decision in this ADR is final, and no appeal can be filed. Arbitration may either be binding or non-binding.

• Neutral Evaluation – Also known as Early Neutral Evaluation, an unbiased “evaluator” will listen to the case of the disputing parties, and will then give an opinion on the strengths and weaknesses of their argument and how it can be resolved.

• Settlement Conferences – This can either be mandatory or voluntary. In both types, a “settlement officer” meets with the disputing parties and attorneys to discuss a possible settlement. But unlike in other ADR types, the officer only assists in evaluating the strengths and weaknesses of the case, and in the settlement.

• Mediation-Arbitration – Med-arb combines the first two ADR types. A mediator will help bring the parties reach their own agreement. If that doesn’t work, they will proceed to arbitration for a final decision.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Dangers on the Property: Who are allowed to file a Lawsuit

People go to different places for a lot of reasons. Whether it is a place built for commercial use or a private lot owned by a normal citizen, any place or property naturally needs to be taken care of in order to safeguard the people in it, even for the owners themselves. Neglecting safety entails bad consequences.

Dangerous conditions on property not only cause imperil and injury to the people affected, it may also give bad reputation to the owners. Aside from that, both parties will experience inconvenience. The injured will have to go through the pain of the harm caused, while there’s a possibility for the property owners to face a lawsuit under the legal theory of Premises liability.

There are three kinds of people that are allowed to file a claim against the property’s owner.

• Invitee: From the name itself, the invitee is a person invited on the premises, through verbal means or implication, for commercial purposes. Establishments that are for financial benefit have to uphold the duty of care to the invitee.
• Licensee: Otherwise known as “social guest,” a licensee is invited to the area for other reasons, except those that are business-related. Like the invitee, the permission may also be expressed or implied.
• Trespasser: A person who entered a property without any form of permission from the owner and has no motive to be around it is a trespasser.

Even if these people are eligible to file a lawsuit against the property owner, there still are a few conditions that must be met in order to win the case and prove negligence.

• The owner knew that the defect may harm anyone.
• The owner knew about the irregularities or defects around his property but did not make a move against it before the guests arrived. Any accidents that result to injury involving a guest will be accountable to the owner.
• Standard of care was not upheld.
• The guests were not informed by the owner about the defects.
• In the case of a trespasser, the owner doesn’t have to uphold care since the trespassers are merely intruding. However, if the owners are aware of the possibility of trespassing, they should then exercise care.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025. 

Questions Regarding Non-Competition Covenants

An employment contract documents the agreements between an employer and his employee. When it comes to employment contracts, non-competition covenants or agreements are usually included.

What are non-competition covenants?

Non-competition agreements or covenants states that when an employee leaves his employer, he promises not to compete against the company for a specific time by working for a different company with the same industry, by starting his own business with the same nature, or by any other possible means.

These agreements are often part of a basic employment contract given at the beginning of the employment term, or it may also be included through a separate document (known as non-compete clause or covenant not to compete). It takes effect, naturally, once the employee leaves the former employer.

Legal requirements for non-competition agreements:

• It should be supported by consideration at the time signed.
• It protects a legitimate business interest.
• It should be reasonable in scope, geography, and time.

There also are principles that should be present in every non-competition agreement:

• “Blue Pencil Rule”
• Distance
• Duration
• Independent Consideration
• Liability for New Employers
• Reasonableness

What are the “legitimate business interests?”

Throughout the employment, the employee acquires skills necessary and information regarding his employer. In the event of dismissal or resignation, the employer may prevent the employee from taking advantage of what he knows. Customers list, processes, technologies, trade secrets, upcoming products, marketing plans, and business practices are some of the things that the employee cannot use or disclose after leaving the company.

What if the contract restricts the employee too much?

While it does restrict a lot of things, non-competition covenant shouldn’t weigh down an employee’s right to earn a living. The covenant is probably too broad and if brought to court, needs to be scrutinized closely. A contract is only legally binding if the agreement contains “reasonable limitations” regarding the geographical area and time period in which the employee may not compete.

The extent of non-compete clauses varies per jurisdiction. In Ohio, courts may redraw the agreement if they are too broad or unlawful. The employer should prove that the agreement protects a legitimate business interest.

A non-competition agreement may sound unfair to some, but in order to not be restricted by such provision, the employment contract should be read very well before being signed.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Delivery Truck Accidents: Causes and Liability

Logistics is one of the many procedures businesses deal with everyday. Shipping and delivery is the first step in sending out the products to potential customers. The demand for their products brings in revenue for companies. Naturally, in order to bring in the demand, they will need a form of transportation.

Trucks are the most common vehicles used for delivery. These vehicles can carry a lot of load for ground delivery. Besides, getting trucks is cheaper compared to other forms like air or water transportation.

A fully-loaded delivery truck can weigh 80,000 pounds or more. Because of the weight and size of the truck, and the weight of the load it’s carrying, the damage caused by delivery truck accidents damages are always in great quantity, not only in terms of financial trouble, but also in the physical and mental injuries that the people involved may sustain.

Aside from the size of the truck, the attitude of truck drivers may also be the cause of accident. Long hours of driving make delivery truck drivers prone to dizziness or falling sleepy while behind the wheel. Sleep deprivation or poor health alters the senses, which must always be fine when driving.

A truck driver’s blind spots put people or vehicles that fall on it in danger. Negligence and disregard to traffic rules are also important factors in this kind of accident. Other possible causes may be the following:

• Failure of the driver to engage the parking brake hile hand-delivering a package, causing it to roll into traffic or pedestrians.
• Backing-up after passing an address instead of going around the block.
• Attempting to do a sudden left turn to save time.
• Failure to yield when merging onto a highway.

Companies are subject to the regulations made by the Federal Motor Carrier Safety Administration, which established requirements for safety operation of commercial trucks. Some of them are:

• Mandatory driver recording to determine service hours
• Maintenance and repair
• Drug and alcohol prevention program for drivers
• Driver training

Employers may be liable for the accident if proven that they fail to provide these requirements. A poorly loaded vehicle can be a factor in accidents, thus the company that loaded the goods to the truck may also be held liable.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Handling Auto Accident Cases in Small Claims Court

A small claims or conciliation court is a special type of court where a plaintiff sues a defendant under simple and informal rules. The process of the claim is considered quick and inexpensive compared to a regular civil court that both plaintiff and defendant may not need representations. The help of a lawyer, however, may be acquired before the hearing.

Since small claims court are made accessible to ordinary people, the cases filed to it must not exceed $5,000 worth of damages. Rent or security deposit disagreements, bad checks, breach of contract, property loss or damage, and unpaid debt are some of the more common cases filed on small claims court.

Cases concerned with car accidents may also be filed in small courts. Also known as Statement of Claim on some areas, auto accident claims are filed in order for the plaintiff to recover damages, as long as the property damage or the injuries sustained is not serious.

Auto accident small claims court complaints begin once it’s been filed. Filing the case is just as easy as filling out forms, paying a small filling fee, and delivering court papers to the defendant (or “service of process”).

Pretrial hearing will be scheduled after that, where both parties must appear. The defendant may also file a counterclaim. The plaintiff and defendant may send interrogatories to each other, or written questions. They both must answer this under oath.

If the fault is still not clear or unsettled during the pretrial hearing, mediation or trial will be scheduled. Small claims are decided by judges and not juries. The statute of limitation for auto accident small claims is the same as an auto accident case in a trial court.

Also, like in trial court, the case should settle two issues: the liable and the loss or damages that resulted. The plaintiff should prove the liability of the defendant. If the defendant thinks it was the plaintiff who is liable for the accident, he should also show proof. Both should collect witnesses, records, and documents to prove their side. However, only actual testimonies from witnesses will be accepted.

Like what was mentioned earlier, an ordinary person is allowed to represent himself on small claims court. A lawyer may come in handy if the plaintiff or defendant needs legal consultation regarding the case.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Process of Civil Litigation Lawsuits and Trials

Litigation refers to any lawsuit that is filed and brought to court for different reasons. The claimant may want to recover a particular right, obtain damages or injunction, or prevent injury. Civil litigation cases are disputes between two or more parties who seek monetary damages, rather than criminal sanction, against a person. They are concerned with the relationship between individuals, as opposed to criminal litigation, which is concerned with the relationship between a person and the society.

There are a lot of disputes or issues that may be answered through civil litigation. This includes:

• Anti-Trust
• Assault & Battery
• Automobile Accidents
• Breach of Contract
• Corporate/Partnership Dissolutions
• Education Law
• Emotional Distress
• Employment and Labor law claims
• Environmental Law
• Fraud
• Intellectual Property
• Medical Malpractice
• Premises Liability
• Products Liability
• Real Estate Litigation
• Slip & Fall
• Theft
• Trespass
• Worker’s Compensation

Civil litigation lawsuits and trials undergo different stages:

• Service of the Complaint: The Summons and Complaint will be served to the defendant, who will sign an acknowledgement if he accepts the service. Otherwise, the service will have to be formally served.

• Response: The defendant is given 30 days after receiving the service to either give an answer to the complaint or challenge its sufficiency by pleading. The challenge includes a “Demurrer” and a “Motion to Strike.”

• Hearing of the challenges: The motion will be ruled upon before proceeding to the claim. If the motion is sustained, a new complaint must be drafted and served, starting the process all over.

• Discovery: If the defendant did not file a motion, both parties must then collect evidences to prove their case. Methods like Interrogatories, Request for Production of Documents or Admission, Deposition, and Subpoena will be necessary to prove each party’s side.

• Discovery Motion: If any one of the party did not comply with the discovery requests, the other party may file a motion to the court to require responses.

• Trial Setting: Attorneys for disputing parties should attend Case Management Conferences designed to determine whether the claim is ready for the trial. The date of the trial will be set after.

• Settlement Negotiation: The court will often require parties to settle the case before the trial.

• Trial: The last procedure that will ultimately settle the case.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Styles to Use in Resolving Workplace Disputes

Misunderstandings and disagreements are a fact of life. People do not see eye to eye all the time. Small or serious disputes happen between friends, family members, neighbors or classmates. But it doesn’t mean that a disagreement has to ruin the relationship among people. It is a natural occurrence that is required to balance out things.

Disputes also happen in the workplace. Some employees though, seem to take it more seriously compared to others. That is why many disputes start from a simple joke and turn into critical lawsuits. Resolving disputes at work should be done by both the employer and the conflicting employees. The Thomas-Kilmann Conflict Model Instrument provided the usual styles of dispute resolution that can be used at work.

• Accommodating: The accommodator is one of the conflicting parties who tend to give in to the needs of the other, even at the expense of his own. The person who uses this style is not assertive and highly cooperative. Usually, a person gives in to accommodation when he thinks that the issue is more important to the other person, when making peace is more important, or when the person just want to collect a “favor” from the other (this may not be returned though, making this style unlikely to give the best outcome).

• Avoiding: This style is done by evading conflict through accepting default decisions on controversial matters in order to not hurt anyone’s feelings. However, this is a weak and ineffective approach in many situations.

• Collaborative: Those who use this approach try to meet the needs of everyone involved in the dispute. People who prefer this style are highly assertive, but cooperate and acknowledge the importance of everyone involved.

• Competitive: “Competitive” people know what they want, and they stand for it. This style is perfect in case of emergency that needs a prompt decision, when a decision is unpopular, or when defending against someone who’s trying to take advantage of the situation. However, it’s not always satisfying and may leave people resentful if used in unimportant situations.

• Compromising: To compromise is to find a solution that may partially satisfy everyone involved, usually by giving up or relinquishing something. Compromise is useful when the cost of conflict is higher than the losing ground, when opponents are of equal strength, or when there’s an upcoming deadline.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Guide through a Personal Injury Case

After getting into an accident, the victim would have to prove the other party’s liability in order to claim compensation for all the damages. Litigation may take time and so it is important for the plaintiff to be prepared of what he will face if in case he refuses to agree on a settlement.

There are different stages in a personal injury case. In each, the plaintiff is required to know the law and submit necessary legal documents. It would be advantageous to the plaintiff if he will hire a personal injury lawyer as soon as possible as he can assess the strength of the case and the evidence that will be presented to support the claims.

Here are stages of personal injury cases wherein the lawyer can assist the plaintiff:

• Filing of initial court documents which include the petition or the outline of the case against the defendant and reply to his counter claims.
• Discovery process where pieces of evidence and information gathered by each side can be reviewed by the other party.
• Resolutions before a trial that includes court motions and offers of a settlement will be made. A lawyer can help his client in determining the fairness of the settlement offered by the other party and to contest the motions file by the other party.
• Start of the trial where a judge or a jury will be presented with evidence that proves the claims of both parties.
• After the judge or the jury has decided on the case, then, the plaintiff may recover the compensation that he has been asking for.
• If the decision wasn’t in favor of the plaintiff, then, he can file an appeal on the decision.

During these stages, the help of a lawyer is important as his expertise will guide him in representing the case and attaining compensation for the victim.

If the victim, however, chooses to resolve things with the other party without going through court proceedings, he can also do so with the guidance of his lawyer. These lawyers can determine whether a fair settlement is offered by the other party or if the amount will not be enough to cover the damages that resulted from the accident.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Asserting refund for defective vehicles

If you recently purchase a new or used car and found that an auto part is repetitively defective despite repairs, you may file a claim under Lemon law.

Lemon law allows you to receive protection, compensation, and restitution for losses involving a defect or misrepresentation on your vehicle.

The state of California implements guidelines in determining the eligibility of a newly purchased vehicle under lemon rights. The criteria are:

1. The vehicle has a reasonable damage or defect that falls within the covered period of warranty.
2. The vehicle continues to malfunction despite series of repair.

The car manufacturer has the discretion and initiative to delineate the conditions for "substantial defect". However, the manufacturer must be able to prove the reasonableness of such conditions. The manufacturer must also inform or notify the user about such conditions. It must be included in the warranty card or printed material of the product.

What is substantial defect?

For a product complaint to be classified as having substantial defects, the damage must occur within the time period of warranty and such defect is covered under the list of acceptable defects published by the manufacturer.

You must prove that such defect has caused profit loss on your business or has caused you significant loss.

You must establish how the defect has fallen below your expectations.

What is reasonable number of repairs?

Before you can formally file a claim under lemon rights, you must give the manufacturer a chance to repair the product several times. If the manufacturer/dealer/seller has reached a considerable number of times for repair, then the product can be categorized as lemon.

Usually, you have to allow the manufacturer to conduct four repair attempts. However, if the product or car shows a prolonged period in the auto body shop, then it may be declared as a lemon.

What is Federal Consumer Protection?

Federal law offers Federal consumer protection under Magnuson-Moss Warranty Act. It monitors unfair warranty conditions involving products worth more than $25. It accepts claims filed by consumers against companies, and allows compensation for losses and attorney fees.

If you are successful in your claim, you may receive either replacement or refund for your vehicle's total value. The lemon law also covers second-hand cars or used cars. You may also assert the same process for claim, and receive either replacement or refund for your vehicle.

Consult with an expert Lemon law attorney in California and learn more on how you can arrange for free arbitration or formal lawsuit.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.