California Business Litigation Attorneys

Understanding Business Litigation

In many situations, early positioning determines the outcome. Knowing which claims to pursue or defend, assessing exposure, and anticipating the opponent’s strategy can create leverage long before trial. Our firm carefully reviews key contracts, correspondence, and performance records to craft a focused legal plan with clear goals. Whether the best outcome involves trial or an early settlement, we ensure every decision aligns with your broader business priorities.

Ultimately, effective business litigation is about more than resolving one dispute — it’s about protecting long-term value. How a company handles conflict can influence investor confidence, employee morale, regulatory perception, and market reputation. At the Law Offices of Faud Haghighi, we help clients navigate these challenges with strategy, discipline, and foresight — ensuring both legal success and lasting commercial stability.

Common Types of Business Disputes We Handle

Business litigation is not one-size-fits-all. The facts, players, and objectives can vary widely from case to case. Below are some of the most frequent disputes we see — and why they matter.

Breach of Contract

A breach of contract occurs when one party fails to perform a required obligation under a valid agreement. This may involve failure to deliver goods or services, failure to pay, failure to meet deadlines, or violating confidentiality and non-compete terms. Contract disputes often determine who bears financial responsibility for delays, defects, or lost opportunities.

In these cases, we examine the written agreement, course of dealing between the parties, communications (including emails and messages), past performance, and any amendments or side agreements. We pursue damages for lost revenue, additional costs, and in some cases, specific performance (a court order requiring the other party to do what they originally agreed to do).

Fraud and Misrepresentation

Fraud-based claims arise when one party alleges that the other made false statements, concealed material facts, or induced an agreement in bad faith. Fraud can appear in many forms: overstating assets, falsifying financials, misrepresenting product capabilities, or promising terms that were never intended to be honored.

Fraud claims are serious. They can expose the other side to punitive damages and can also break through certain contract limitations that would otherwise cap liability. These cases require careful evidence work — including document review, forensic accounting in some cases, and timeline reconstruction to show what was known, when it was known, and what was said.

Breach of Fiduciary Duty

A fiduciary duty is the legal obligation to act with loyalty, honesty, and care toward another party. This duty commonly applies to business partners, corporate officers, LLC managers, board members, and certain employees in positions of trust. A breach occurs when someone places their own interests ahead of the company’s or engages in self-dealing, diversion of business opportunities, misuse of confidential information, or financial misconduct.

Fiduciary duty disputes are common in partnership breakups, shareholder disputes, and internal conflicts within closely held companies. These cases can involve allegations such as:

• Diverting clients or contracts to a competing company
• Quietly moving money, inventory, or assets for personal gain
• Shutting out co-owners from financial information or decision-making
• Misusing company funds or corporate credit for non-business purposes

These cases can become highly aggressive because they often involve not just money, but control — Who runs the company? Who has authority to sign? Who has access to bank accounts and books? Our role is to stabilize the situation, secure the evidence, and act quickly to prevent further harm, including seeking injunctive relief where appropriate.

Partnership and Shareholder Disputes

When business partners or co-owners fall out, the dispute is rarely limited to one issue. It can involve control of operations, access to financial records, division of profits, valuation of the business, and in some cases removal or buyout of an existing partner. These matters are especially sensitive in small and mid-sized companies where ownership and management overlap.

We assist in conflicts involving:

• Allegations that one partner is shutting the other out of decision-making
• Claims of mismanagement or misuse of business funds
• Demands for dissolution, separation, or buyout
• Disputes over ownership percentages or profit distributions

In these cases, swift action can be critical. We work to obtain financial transparency, clarify rights under the operating agreement, and protect the value of the company while the dispute is being resolved.

Real Estate and Commercial Property Disputes

Commercial leases, purchase agreements, and development deals often lead to litigation when one party claims non-performance, delay, misrepresentation, or violation of use restrictions. Disputes may also arise over property condition, build-out responsibilities, CAM charges (common area maintenance), unpaid rent, or early termination.

These cases can escalate quickly because real property is often fundamental to ongoing operations — a warehouse, office location, medical space, or retail footprint. We pursue and defend claims involving landlords, tenants, buyers, sellers, investors, and commercial property managers.

Civil Conspiracy, Conversion, and Unfair Business Practices

Some disputes involve intentional misconduct between multiple parties. Civil conspiracy claims accuse two or more parties of working together to commit fraud or other unlawful acts. Conversion claims involve the wrongful taking or retention of property, funds, or data. We also see claims of unfair competition, trade secret theft, and interference with contractual relationships.

These are high-stakes disputes. They can involve emergency requests for injunctive relief – for example, asking the court to immediately stop the other side from using confidential client lists, diverting accounts, or damaging your competitive position in the market.

In all of these situations, our focus is the same: protect leverage, protect value, and put you in the strongest possible position to obtain a favorable result — whether that result comes through settlement, judgment, or injunction.

The Business Litigation Process in California

Business litigation follows a structured legal process governed by California’s Code of Civil Procedure and local court rules. Understanding these stages helps clients anticipate what to expect and how to prepare. While every case is unique, most commercial disputes progress through the following phases: case assessment, pleadings, discovery, motions, settlement discussions, trial, and post-judgment proceedings.

1. Case Evaluation and Strategy

Before filing or responding to a lawsuit, our team conducts a comprehensive case evaluation. We review the facts, contracts, correspondence, and any prior business dealings to determine your strongest legal claims or defenses. In some cases, we recommend sending a demand letter or engaging in early settlement discussions before litigation begins. If a lawsuit is necessary, we prepare a targeted strategy designed to preserve your rights and build early leverage.

Our attorneys also consider jurisdictional and venue factors — determining which court is most favorable, whether arbitration clauses apply, and whether federal jurisdiction might offer advantages for complex or multi-state disputes. Proper planning at this stage often saves significant time and cost later.

2. Filing the Complaint or Response

The litigation formally begins when the plaintiff files a complaint outlining the claims and damages sought. Common causes of action in business litigation include breach of contract, fraud, breach of fiduciary duty, and unfair competition. Once filed, the complaint must be served on the defendant, who then has a limited time to respond, typically 30 days.

The defendant may file an answer admitting or denying the allegations, or submit a demurrer — a motion asking the court to dismiss the case if it fails to state a valid legal claim. This early phase often sets the tone for the litigation, as procedural decisions made here can limit the scope of discovery or determine whether certain claims proceed to trial.

3. Discovery Phase

Discovery is the most intensive and crucial part of the litigation process. It allows both sides to gather the evidence needed to prove their claims or defenses. Discovery tools include:

• Interrogatories: Written questions the opposing party must answer under oath.
• Requests for Production: Formal requests for documents, emails, contracts, and other records.
• Depositions: Recorded questioning of parties and witnesses, taken under oath before a court reporter.
• Subpoenas: Orders requiring non-parties (such as banks, accountants, or vendors) to provide documents or testimony.

Effective discovery strategy is essential to uncover key facts, expose inconsistencies, and support motions for summary judgment or settlement negotiations. At the Law Offices of Faud Haghighi, we use targeted discovery — not fishing expeditions — to keep costs manageable while obtaining decisive evidence.

4. Law and Motion Practice

During litigation, parties may file motions asking the court to rule on specific legal issues before trial. These can include motions to compel discovery, motions for summary judgment, or motions to exclude evidence. In some cases, a well-timed motion can end the case early or limit the opposing party’s claims.

Our firm excels in persuasive written advocacy and oral argument, ensuring that every motion we file or oppose is backed by clear reasoning, strong evidence, and accurate application of California law. Strategic motion practice can shift momentum and lead to favorable settlements without the need for full trial.

5. Settlement Negotiations and Mediation

The vast majority of business disputes settle before reaching trial. California courts encourage settlement through mandatory settlement conferences and mediation programs. Mediation allows parties to resolve their dispute confidentially with the help of a neutral mediator who facilitates discussion and compromise.

Our attorneys prepare each case as if it will go to trial — but we also know when negotiation serves your best interests. We evaluate offers realistically, calculate exposure, and leverage discovery results to achieve favorable terms. Settling at the right time can save substantial legal fees, protect business relationships, and provide certainty faster than a court ruling.

6. Trial Preparation and Court Proceedings

If settlement efforts fail, the case proceeds to trial. Trials in business litigation can take place before a judge (bench trial) or jury, depending on the nature of the claims. The trial phase involves opening statements, witness testimony, cross-examinations, and closing arguments. Each side presents evidence and legal arguments supporting their position.

Our trial preparation is comprehensive. We organize exhibits, prepare witnesses, draft trial briefs, and develop clear, persuasive narratives that simplify complex business transactions for the court. We focus on credibility and presentation — two factors that often decide commercial cases.

7. Post-Judgment Enforcement and Appeals

Winning a judgment is not always the end of the litigation process. Enforcement may require additional steps, such as recording liens, garnishing accounts, or seizing assets to collect the amount awarded. Conversely, if the outcome is unfavorable, the losing party may file an appeal to challenge legal or procedural errors made during trial.

The Law Offices of Faud Haghighi assists clients in both enforcing judgments and navigating appellate review. Our team ensures compliance with filing deadlines and procedural rules, preserving your rights throughout the post-trial process.

Business litigation requires patience, precision, and persistence. Each stage has its own risks and opportunities, and having experienced counsel ensures you stay ahead strategically. From the first filing to final judgment, our firm stands by your side — focused on results that make business sense.

Pre-Litigation and Alternative Dispute Resolution (ADR)

Not every business conflict needs to reach the courtroom. In fact, early and strategic dispute resolution can often save companies substantial time, expense, and reputational harm. At the Law Offices of Faud Haghighi, we guide clients through proactive resolution methods — including negotiation, mediation, and arbitration — whenever it aligns with their goals and the commercial realities of their case.

Our goal is to help you resolve disputes efficiently without compromising your legal or financial position. We analyze each situation to determine whether informal negotiation, pre-litigation correspondence, or formal alternative dispute resolution (ADR) procedures can achieve your desired outcome faster than litigation.

Early Case Assessment and Demand Letters

A well-drafted demand letter can often trigger resolution before a lawsuit is even filed. These letters outline your legal position, evidence, and potential claims while inviting the other party to negotiate in good faith. In some cases, simply demonstrating readiness to litigate — backed by strong documentation — can motivate the opposing side to settle quickly.

During this stage, we identify leverage points, gather documentation, and establish a factual narrative that positions you favorably if litigation becomes necessary. This approach frequently leads to settlements that preserve relationships and minimize disruption to business operations.

Mediation

Mediation is a confidential process in which a neutral mediator assists the parties in reaching a voluntary agreement. Unlike a judge or arbitrator, the mediator does not impose a decision but facilitates productive discussion and compromise. Many California courts require mediation before trial, especially in civil and business matters.

Mediation is particularly effective when the parties have an ongoing relationship — such as business partners, vendors, or joint venture participants — who prefer to resolve disputes without permanent damage to their working arrangement. Our attorneys prepare meticulously for mediation, ensuring the mediator and opposing counsel fully understand your position, supporting evidence, and settlement boundaries.

Arbitration

Some contracts require that disputes be resolved through arbitration instead of litigation. Arbitration is a private, less formal alternative to court where a neutral arbitrator hears evidence and issues a binding decision. Arbitration can be faster and less public than court proceedings, but it also limits certain rights, such as the ability to appeal.

Our firm has extensive experience representing clients in both domestic and international arbitration. We ensure that arbitration clauses are correctly enforced, that procedural rules are followed, and that your case is presented with the same level of professionalism and rigor as a courtroom trial.

When Litigation Becomes Necessary

While settlement and ADR can often resolve disputes, some conflicts demand the formal authority of the court. This is especially true in cases involving fraud, misappropriation of trade secrets, shareholder oppression, or the need for emergency injunctions. In these situations, quick and decisive action may be necessary to preserve assets, enforce contracts, or stop harmful conduct.

The Law Offices of Faud Haghighi is known for its ability to move fast and effectively in court. We file motions for temporary restraining orders (TROs) and preliminary injunctions when immediate relief is needed to prevent further loss or damage. Our attorneys know how to act swiftly while maintaining the credibility and precision required by California courts.

The Importance of Discovery and Evidence in Business Litigation

In business litigation, evidence is everything. A well-documented email chain, a missing invoice, or an inconsistent statement can shift the outcome of an entire case. The discovery process is where most business disputes are won or lost — not in dramatic courtroom exchanges, but in the disciplined gathering and organization of facts.

We approach discovery strategically. Rather than generating unnecessary paperwork, we target the specific information needed to prove your case or undermine the other side’s credibility. This includes identifying key witnesses, tracing financial transactions, analyzing digital records, and obtaining internal communications that reveal motive, intent, or breach.

Types of Evidence Commonly Used

• Contracts and Amendments: The foundation of most business disputes. We analyze terms, obligations, and performance timelines to demonstrate breach or compliance.
• Financial Records: Accounting documents, invoices, receipts, and bank statements that show monetary loss or profit misappropriation.
• Emails and Electronic Messages: Critical for proving intent, knowledge, or concealment of facts. We work with digital forensics experts when needed to authenticate data.
• Witness Testimony: Statements from employees, vendors, or third parties who can clarify business practices or confirm communications.
• Expert Opinions: In complex disputes — such as valuation, real estate, or fraud — expert testimony can establish professional standards and quantify damages.

Preserving and Protecting Evidence

From the moment litigation is anticipated, both parties have a legal duty to preserve evidence. Destroying or altering documents can result in serious sanctions, including fines or adverse findings. We guide clients through proper document preservation procedures, ensuring compliance with discovery rules while safeguarding sensitive business data.

The early collection and organization of evidence can also improve settlement outcomes. When the other side sees that your position is well-documented and ready for trial, they are far more likely to negotiate reasonably and in good faith.

Strategies for Effective Business Litigation

Successful litigation is as much about strategy as it is about legal knowledge. Our firm approaches every business dispute with a clear objective — to deliver results that make business sense. Whether the goal is monetary recovery, injunctive relief, or reputational protection, we adapt our tactics to the circumstances of each case.

1. Early Leverage Through Evidence

We focus on gathering and presenting key documents early in the case to establish credibility and control the narrative. Early strength often discourages frivolous defenses and leads to faster resolution.

2. Cost Control and Efficiency

Litigation can be expensive, but careful management keeps costs under control. We prioritize actions that move the case forward — not unnecessary filings or duplicative tasks. Our firm uses a lean litigation model designed to deliver maximum value per hour of work.

3. Targeted Motion Practice

Well-timed motions can eliminate weak claims, limit discovery, or obtain summary judgment before trial. We identify these opportunities early and act decisively when they arise.

4. Negotiation With Purpose

Settlements are most effective when achieved from a position of strength. We negotiate aggressively but intelligently — always with a full understanding of the facts, the law, and your priorities. Our attorneys are skilled in balancing firmness with professionalism, protecting your business reputation while achieving tangible results.

5. Trial Readiness

Even when settlement seems likely, we prepare every case as if it will go to trial. This approach ensures thorough preparation and signals to opposing counsel that we are ready to defend our position in court. It’s a strategy that often leads to better pre-trial settlements and stronger outcomes if trial becomes necessary.

Post-Judgment Actions and Enforcement

Winning a judgment is only part of the battle — collecting it is another challenge entirely. Many businesses succeed in obtaining favorable court rulings only to face resistance or delay when enforcing those judgments. At the Law Offices of Faud Haghighi, we help clients take decisive action to ensure that judgments are actually recovered and enforced under California law.

Once a final judgment has been entered, several enforcement tools are available to collect payment or recover property. These include wage garnishments, liens, levies, and post-judgment discovery to uncover hidden assets. Our attorneys know how to locate financial resources and compel compliance while staying within the strict procedural rules that govern enforcement actions.

Judgment Collection Tools

• Bank Levies: Directing the sheriff to seize funds from a debtor’s bank account to satisfy the judgment.
• Wage Garnishment: Requiring an employer to withhold a portion of the debtor’s income until the full amount is paid.
• Property Liens: Recording liens against real property, which prevents sale or refinancing until payment is made.
• Turnover Orders: Court orders requiring the debtor to transfer specific property or assets to the creditor.
• Post-Judgment Discovery: Conducting depositions and written discovery to identify hidden or undisclosed assets.

In addition to these methods, we can file motions for contempt when the opposing party intentionally disobeys court orders. Our experience allows us to move quickly and efficiently to convert your paper judgment into real financial recovery.

Defending Against Enforcement

If your business is the target of an enforcement action, we also provide defense against improper or excessive collection efforts. We review the scope of the judgment, examine procedural compliance, and ensure that creditors act within legal limits. In many cases, we can negotiate payment plans or settlements that prevent unnecessary disruption to business operations.

Why Choose the Law Offices of Faud Haghighi for Business Litigation

Business litigation requires a combination of legal knowledge, financial insight, and strategic discipline. Our firm provides all three. With years of experience handling complex civil and commercial disputes across California, we understand how to protect your business interests from start to finish.

What sets us apart is our approach: we combine aggressive representation with practical business judgment. We don’t litigate for the sake of fighting — we litigate to achieve outcomes that align with your long-term goals. Whether that means obtaining a swift settlement, winning at trial, or preserving relationships for future collaboration, we build a plan tailored to your objectives.

Our Commitment Includes:

• Strategic Planning: We analyze every case for opportunities to gain early leverage and minimize exposure.
• Comprehensive Representation: From negotiation and discovery to trial and appeal, we handle every stage with precision.
• Transparent Communication: You will always understand where your case stands, what’s next, and what your options are.
• Cost-Effective Solutions: We balance aggressive advocacy with efficiency, ensuring that litigation serves your business — not drains it.
• Proven Courtroom Experience: When trial is necessary, we bring persuasive advocacy backed by strong preparation and evidence.

At the Law Offices of Faud Haghighi, our mission is simple: protect your company’s interests while delivering results that make commercial sense. We have successfully represented clients in disputes involving partnerships, contracts, corporate governance, real estate, and fraud — achieving favorable verdicts, settlements, and dismissals through diligent preparation and strategic execution.

Protect Your Business — Partner with Experienced Litigators

Whether you are pursuing a claim or defending one, your choice of attorney can determine the future of your business. At the Law Offices of Faud Haghighi, we combine strategic litigation skills with a deep understanding of California’s business landscape to help clients resolve disputes efficiently and effectively.

Don’t wait until small disagreements turn into major liabilities. Contact our office today to schedule a confidential consultation. Together, we’ll develop a strategy that protects your rights, your reputation, and your company’s future.