Legal Question in Business Law in California

He took my money now my clients what can I do?
The owner of the building got a compliance from the Department of Planning, Building and Code Enforcement telling him to obtain the permits for all the building or complete the removal and demolition of unpermitted structure. But he decided to remove the structure we all got notices from the city to keep working until May 23rd the owner still kept asking for the rent even though there was demolition all around and he still had my $1000 deposit wich he wont give back. I found a new place where I could put my Auto Detail far way from them. Now that I moved I found that he is still there and he is taking my business from me even though I payed him for the full month and he told me many times that he wanted me out but that did not keep him from taking my money now he decided to put his own Auto Detail on my space and take all my clients who went looking for me telling them I was in mexico and never coming back.Can I take any Legal Action?

Asked on 5/27/07, 3:43 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: He took my money now my clients what can I do?

Yes. First, stealing your business and lying to your potential customers would be "Unfair Competition" under sections 17200 et seq. of the Business and Professions Code.

In addition, if you sue him, you should include a claim or "cause of action" for intentional interference with prospective business advantage. This is a tort (like trespass, assault and negligence) for which you can sue and collect damages. Further, since the landlord's acts appear to be malicious and fraudulent, you can ask for, and you might be awarded, punitive damages.

Finally, the landlord has probably also breached a contract, and the failure to return or account for your deposit is another tort (conversion).

Answered on 5/28/07, 12:31 pm

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Alden Knisbacher knisbacher law offices

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Re: He took my money now my clients what can I do?

You may have an action against him for breach of contract, and for your moving costs and security deposit -- feel free to email me at the email below, the copy of the rental agreement and any other paperwork if you want me to review it.

Answered on 5/27/07, 3:59 pm

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