Breach of Contract / Fraud
The Firm was engaged by the defendant who was sued for breach of contract and lost profits for failure to convey a substantial parcel to the developer plaintiff. The Firm evaluated the defendant's development record with comparable projects during the same period. The project would have been developed in the early 1990s (1991-1993) when the California economy was in a severe recession. The Firm provided testimony that the project would have likely failed based upon not only the plaintiff's own track record with similar projects during this time, but also based upon comparable projects in the area that failed.
The defendant company was sued for lost profits for breach of contract that allegedly resulted in the plaintiff ceasing business and filing bankruptcy. The Firm examined the past financial history of the plaintiff, including the current financial condition and operations of the business.
The plaintiff sued for breach of contract and fraud stemming from a right of first refusal for real property on which the plaintiff operated his business. The Firm was engaged to analyze losses resulting from plaintiff's inability to purchase the property, and the inability to expand the business as desired.
The Firm was engaged to analyze the loss incurred by a restaurant tenant in a shopping center. The landlord had leased space in the mall to a competing restaurant tenant in breach of the lease agreement with the plaintiff. Testimony was provided at deposition and at trial.