At the Law Offices of Baron J. Drexel, we believe that the law was created for people, and we strive to make the law work for our clients, whether in the case of a personal injury, bankruptcy, or any general civil litigation matter. Below are just some of the areas of general litigation in which we provide efficient, effective representation for clients throughout the San Francisco Bay Area
The contract is one of the most basic features of our legal system and our economy. Some form of oral or written contract underlies countless transactions every day among businesses and their customers, employees, vendors, suppliers, etc. A breach of contract may be litigated in state or federal court, depending upon the parties involved and the nature of the subject matter. The law of contracts includes a rich and dynamic history, and matters can range from the straightforward to the most complex.
Breach of contract disputes make up a large part of business litigation, however, there are also many tort-based claims as well. Unfair business practices, deceptive trade practices, fraud, and representation are some of the actions which may be dealt with in court, regardless of the existence of any contractual relationship between the parties. Business disputes can also occur between partners or business owners; among corporate officers, directors, and shareholders; or between competitors, such as in an intellectual property dispute over copyright or trademark infringement.
Section 1983 Claims
A Section 1983 claim is an action brought to remedy a deprivation of civil rights inflicted by a government employee or a person acting under color of law. Section 1983 is a federal statute (42 U.S.C. 1983), so these cases are brought in federal court. However, 1983 claims can apply to actions by state or local government officials. Section 1983 can, therefore, be a powerful tool against police brutality or prosecutorial misconduct. While it may be difficult to obtain justice at the state or local level in these situations, a federal case can provide the access to justice and relief that someone who has been wronged by government conduct needs. Money damages may be awarded to remedy a section 1983 violation.
We seek punitive damages whenever they are applicable and appropriate to the case. The general rule is that punitive damages are only available if they have been specifically authorized by law, such as by a specific state statute. California’s general rule, found in Civil Code Section 3294, is that exemplary (punitive) damages are available when the plaintiff can prove by clear and convincing evidence that the defendant acted with oppression, fraud, or malice in causing harm to the plaintiff. This section does not apply to breach of contract cases.
Actual damages are always available in any civil case. Actual damages are meant to compensate people for the actual loss they have suffered. Actual damages may be medical expenses, lost wages, or pain and suffering in a personal injury matter, or the amount contracted for or business lost in a breach of contract dispute. Punitive damages, on the other hand, are designed to punish the defendant for especially bad behavior which caused the injuries or damage in the case. Punitive damages are also known as exemplary damages because their purpose is also to serve as an example to others of the consequences of malicious or particularly egregious wrongful conduct.
Seek Experienced Legal Representation
Regardless of the nature of your dispute, our office has the experience and judgment to handle your matter expertly and efficiently. Attorney Baron Drexel has been practicing law for 33 years, with courtroom experience in corporate law, personal injury, bankruptcy, and across the field of civil litigation. In Oakland and throughout the Bay Area, contact the Law Offices of Baron J. Drexel for your general litigation needs.