Legal Question in Civil Litigation in California
Booklady Needs Help
I own a bookstore. I lease the building it is housed in and I rent out part of the building to another person.
I have a manager running the store in my absence.
Since I have been away the Landlord sent pay or quit then negotiated with my tenant another lease reducing her rent and giving her more space. The pay or quit was dropped.
My manager had specific instructions that he has failed to adhere to. I have contracts with him regarding the running of the store, the rent of my house and the use of my car, plus the looking after my 4 dogs. My problem is that I believe the landlord wants me out, wants my manager to take over the building lease and leaving me with nothing.
I want to sue the Landlord, remove my Manager, remove my tenant and sue her and evict my manager from my home, but I am worried about losing all, especially my animals, two of which are rare African Sand Dogs. There has been a lot of dealing behind my back. Little notification to me at all.
Should I want to go back home I have no business, no place to stay, no vehicle, no way to get there, and little money as my manager has not forwarded on my percentage as agreed to. That is basically the gist of the matter but there is a whole lot more to this story.
3 Answers from Attorneys
Re: Booklady Needs Help
You may have a breach of contract action against the manager, along with other issues. You need to have a detailed consultation with an attorney about the facts. If you are local to me in SoCal, please contact me.
Re: Booklady Needs Help
This requires an examination of the terms of your lease for the building and your contract with the manager.
Without those documents and the full story it is hard to give any accurate advice.
If you had sub-leased part of the building with the landlord's consent then I suspect that your landlord has breached the lease as well as interfered in contractual relations (an actionable tort).
It sounds as though your manager has breached his/her contract and you would have remedies for those breaches.
You really need to see a lawyer on this one and not rely on getting freebies on the net - your postition is simply too complex for this type of forum.
Re: Booklady Needs Help
I suggest you to return back and take charge of your business ASAP. You sound like a victim of civil conspiracy, which if proven could yeild substantial damages. Some of the causes of action that come to mind are (1) breach of contract, (2) fraud, (3) tortious interference with advantageous or contractual relationships, (4) intentional infliction of emotional distress, (5) negligence, (5) Unfair business practices and unfair competition under CC 17200, etc.
Get a lawyer right away and start by firing your manager for breach of his duties. Good luck.
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