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“Back off buddy” – Intentional interference with prospective economic relations under California law explained

Feb 1st, 2017 | By | Category: Business Litigation

California Tort of Intentional interference with the prospective business relations of another company

 san fran business interference attorney

 Introduction

One serious business tort that companies cannot seem to steer clear from (due to the  nature of business and competition is the tort of interference (either negligently or intentionally) with the prospective business advantage of another company, in other words, trying to steal or interrupt their business.  This blog talks about the Cal jury instructions and what a Plaintiff has to prove to meet their “burden of proof” in a civil case.  If you need help, either as a potential Plaintiff or Defendant, call us for a free initial consultation at (877) 276-5084.

California Civil Jury Instructions (CACI) 2202.

Here is what the Cal jury instructions CACI 2202 require a Plaintiff to prove to WIN their case against their competitor or another person or entity who is interfering with their business.

Intentional Interference With Prospective Economic Relations [Name of plaintiff] claims that [name of defendant] intentionally interfered with an economic relationship between [him/her/it] and [name of third party] that probably would have resulted in an economic benefit to [name of plaintiff]. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of plaintiff] and [name of third party] were in an economic relationship that probably would have resulted in an economic benefit to [name of plaintiff];

2. That [name of defendant] knew of the relationship;

3. That [name of defendant] intended to disrupt the relationship;

4. That [name of defendant] engaged in wrongful conduct through [insert grounds for wrongfulness, e.g., misrepresentation, fraud, violation of statute];

5. That the relationship was disrupted;

6. That [name of plaintiff] was harmed;

and

7. That [name of defendant]’s wrongful conduct was a substantial factor in causing [name of plaintiff]’s harm.

Listen to Attorney Steve explain this legal concept in this podcast from Vondran Legal Hour

 

PODCAST:  Pick on the picture above to hear our podcast on this legal topic.

Types of sample cases our law firm might handle in this area

Here are some types of interferences that we might be able to handle

  1.  Businesses interfering with each-other online (Digital Disputes)
  2.  Disputes between fashion designers
  3.  Internet disputes (ex. youtube, twitter, facebook, pinterest, eBay, craigslist, instagram, spotify, snapchat, or other disputes)
  4. Real estate broker commission disputes (“turf wars”)
  5. Disputes between photographers
  6. Disputes between bands and musicians
  7. Software companies – stealing customers

This is just a short list, if you have a dispute, call us to discuss.

Contact a California Tort Lawyer

We have offices in San Diego (covering La Jolla,Oceanside, Encintas, Carlsbad areas), Newport Beach (covering Orange County, Anaheim, Fullerton, Yorba Linda, Laguna and Huntington Beach), Beverly Hills (covering Redondo Beach, Hermosa, Manhatten Beach, Santa Monica, Venice, Malibue and Hollywood), San Francisco (covering bay area, Oakland, San Jose, Piedomt, Crocker Highlands, and silicon valley area.  We can be reached at (877) 276-5084 for a free initial evaluation.  You can also email us by sending an email to the address on the RIGHT side of this sidebar.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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