Legal Question in Intellectual Property in California

Can I win over a corporation with a verbal agreement?

I have redesigned and optimized a website, for a corporation, to generate online sales and have been told verbally that I would earn 10% of online sales profits. I have the written proof that the website generated for 16.000/month and over since I worked on it, I have also the proof that the website is extremely well optimized and will have profits up to $40.000/month since I worked on it. The corporation gave me a very small amount of money by check which would not even cover minimum wages and never agreed to fulfill the 10% initial agreement. I have a witness to the verbal agreement that has been made but it is my husband so it may not be valid. Please let me know as this breach of agreement has been very fatal to me and has been financially extremely hard. Thank you so much for your time.


Asked on 2/21/04, 9:03 pm

4 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Can I win over a corporation with a verbal agreement?

if you are able to prove the existence of this oral agreement in such a way the court can fashion a damages or equitable remedy and is not violative of the statute of frauds, you will be able to prevail in this unfortunate matter and receive justice. if you would like further assistance, email us directly today

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Answered on 2/21/04, 9:10 pm

Re: Can I win over a corporation with a verbal agreement?

O.K. Here you go:

A verbal agreement is generally going to be enforceable (with some exceptions). However, the problems you get into with verbal agreements is one of proving what exactly the agreement was.

You have an automatic we say-you say what the agreement is. Thus, you tend to get a situation that is costly to pursue since I would have to handle it on an hourly basis (paid for the time I work) instead of contingency(pay my fee only when something is recovered).

With respect to your husband testifying, he is not disqualified from testifying. The problem is that there is a built-in credibility issue over his testimony as his being married to you automatically puts his bias into question.

Thus, I fear you face a somewhat uphill battle. It would help if you had documentation to support your position on what you were supposed to be paid. This could be correspondence from the other side, including but not limited to emails, letters, voice-mail messages, etc.

If you want to discuss this matter I would be happy to consult with you.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

Website: www.legalwarriors.com

E-mail: [email protected]

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Answered on 2/21/04, 9:34 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Win your case and I can refer you business. www.christopherbrainard.com

On the facts, but subject to investigation, I can win your case and any handle projected problems you may encounter in your ongoing business. I can refer you business from some of my other clients as well, perhaps immediately. Contact me at 310-266-4115 or www.christopherbrainard.com

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Answered on 2/22/04, 2:13 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Can I win over a corporation with a verbal agreement?

I apologize for the direct solicitation of my colleagues. It is not appropriate. You have been given good advice, however, the fact of an oral agreement, especially one that has had partial performance, is not that hard to prove. Of course, a writing would be better, but don't lose heart. As you have been told, your husband is not disqualified from testifying, and you might be surprised how well juries can tell the difference from one witness who is telling the truth and on that is not. I recommend you go ahead with pressing your rights.

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Answered on 2/24/04, 8:17 pm


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