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David H. Schwartz April 14, 2020

Healthy competition is encouraged in every market. However, a competitive behavior that crosses the line into the jurisdiction of tortious or improper conduct is taking things too far. Whether you have a handshake or formal agreement with another business or individual, you are within your rights to take legal action if a third party wrongfully interferes with your business relationships with the intention to cause economic harm. Attorney David Schwartz can provide answers to all your questions about tortious interference in regard to business torts or torts law.

The Law Offices of David H. Schwartz proudly serves clients in San Francisco, San Jose, Santa Clara, Oakland, Alameda County, and the San Francisco Bay Area of California.

What Is Tortious Interference?

Businesses often depend on a series of business contracts as well as forming relationships with distributors, lenders, vendors, insurers, agents, and subcontractors. If an individual unethically disrupts any of your business relationships, you can take legal action against such a person in the form of intentional interference with contractual relations. This is referred to as tortious interference.

Tortious interference is a common law economic tort which allows a plaintiff to recover damages from an individual or business that unfairly interferes with the plaintiff’s business or contractual relationships. For instance, a person could persuade someone to terminate an informal business relationship with your company. As another example, someone could intentionally impede a business sale after reaching the concluding stages (meaning the sale had not been formalized with a written or signed agreement).

Tortious Interference with Contract Law in California

Under California law, you are allowed to file a lawsuit against a noncontracting person or third party who intentionally, or through a negligent act, interferes with a contract or agreement between two or more parties. However, to establish a claim, the plaintiff must prove that:

  • There was a valid contract between the plaintiff and another party.

  • The defendant had knowledge of the existence of a contract.

  • The conduct or action of the defendant was to induce a breach of contract, hence, preventing performance or making the performance more difficult.

  • The defendant’s intention was to disrupt the performance of the contract or previous agreement.

  • The plaintiff or the plaintiff’s business and contract relationship was harmed.

  • The conduct of the defendant was a substantial factor in causing harm or damage to the plaintiff.

Obtaining evidence and proving all the above can be overwhelming. However, with the help of a knowledgeable business litigation attorney, you can increase your chances of getting fair compensation to cover the resulting damages done to your business.

How Can an Attorney Help with Your Tortious Interference Claims?

Business is a tough sport. When business relationships are interfered with, individuals and companies can suffer from the consequences. If you believe you have been a victim of tortious interference, you are within your rights to take legal action against the party responsible. You should contact an experienced corporate litigation attorney immediately.

Attorney David H. Schwartz is a knowledgeable business litigation attorney with over 45 years of experience in commercial litigation, negotiation, and arbitration. Mr. Schwartz knows how to vigorously protect your rights, establish a claim, and recover compensatory damages to cover lost profits, expenses, mental suffering, and emotional distress.

If you are in the reverse position, meaning you are the party facing a tortious interference lawsuit, Mr. Schwartz can defend your rights and advise you on your next steps. With David Schwartz on your side, you can dramatically increase your chances of getting a successful outcome in your tortious interference lawsuit. 

Experienced Commercial Litigation Attorney in San Francisco, California

If an individual unfairly disrupts any of your business relationships or if you have been accused of interfering with a contract agreement, you don’t have to face it alone. Contact the Law Offices of David H. Schwartz to schedule a free consultation. Mr. Schwartz will review your case, fight aggressively to protect your rights, and increase your chances of receiving fair compensation. Based in San Francisco, Mr. Schwartz proudly represents clients in Alameda County, San Jose, Santa Clara, San Mateo, Oakland, and the surrounding communities in the San Francisco Bay Area.