Most implied covenant claims I see in business cases should not have been filed. A few should have been filed sooner. Here is what California appellate courts decided from 2024 to 2026, and why most claims fail.
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Breach of Contract Damages in California: What You Can Actually Recover, and What You Cannot
Breach of contract damages in California are measured by one idea: the money it takes to put the injured party where it would have been if the contract had been performed. Not where it was before the deal. Not where it wishes it were. Where performance would have left it. Every rule in this area,...
Attorney's Fees Clauses in California Contracts: Who Really Pays the Lawyers When a Deal Goes to Court
The first question a business owner asks me about a contract dispute is usually not about liability. It is about fees. Can I make the other side pay my lawyer? The answer depends almost entirely on one paragraph in the contract and one statute that rewrites that paragraph whether the parties like...
Liquidated Damages in California Contracts: When the Clause Holds Up, and When It Becomes a Penalty
A liquidated damages clause is a number the parties agree on in advance: if you breach, you owe this much. Business owners like them because they skip the hardest part of a contract case, which is proving what the breach actually cost. Courts like them too, within limits. The limit is the one tha...