Member of ABOTA

Mediator • Arbitrator • Referee • Special Master

Charles A. Dyer, Esq.

Business / Commercial Contract

• 12 individual physicians, tenants of medical building, sued defendant landlord for breach of contract, breach of implied contract, breach of fiduciary duty, intentional interference with economic advantage, etc. when defendant exercised termination clause in lease or refused to renew leases.
  
  
• Handled fraud and misrepresentation action against representatives of franchise operation. Appeal of trial court granting summary judgment resulted in at that time precedent setting law that under Code of Civil Procedure section 87a, the liability of a principal for the tortuous acts of his agent, even though wholly vicarious, survives release of the agent.
  


• Dispute involving embezzlement, conversion, fraud and deceit by plaintiff municipality against librarian who took 520 bills from cash collected for fines for multiple years amounting to a total exceeding low six figures.


• Action by plaintiff medical corporation for embezzlement, conversion, fraud and deceit against corporate treasurer.
  
  
• Plaintiff, a private hospital, sued for breach of contract (defective product) against manufacturer and distributor of portable computerized tomography (CT) scanning facility.
  
  
• Highly disputed lender liability action by plaintiff bankruptcy trustee against multinational investment bank and financial services company where bank’s action concerning loan to plaintiff resulted to carpet milling company’s bankruptcy.
  
  
• Breach of contract action by private hospital against general contractor for delayed completion of construction resulting in major loss of income.
  
  
• Plaintiff alleged breach of fiduciary duty, misrepresentation, etc. against a national commercial real estate brokerage firm for fraudulently inducing plaintiff into purchasing commercial property at price exceeding actual value.
  
  
• Breach of contract action against leading dental marketing company for breach in regard to not adhering to contract clauses concerning exclusive area codes for contacts provided to plaintiff.
  
  
• Plaintiff, purchaser of motor vehicle, alleged fraud, misrepresentation, etc. against motor vehicle dealership based upon non-disclosure to plaintiff that vehicle had been involved in collision and had been repaired.
  
  
• Breach of contract action against defendant owner and managing member of grocery store chain (5 stores) LLC by member of LLC, alleging that managing member had agreed by written contract to transfer 25% ownership of PLC to plaintiff upon plaintiff’s organizing and installing pharmacies in the grocery stores owned by the LLC.
  
  
• Action for breach of settlement and release agreement by allegedly wrongfully terminatead employee against defendant global aerospace, defense, security and advanced technologies company after plaintiff alleged that defendant blackballed plaintiff in the industry by providing highly unfavorable reference information to plaintiff’s prospective employers.
  
  
• Employee, defendant’s son-in-law, alleged breach of contract, wrongful termination, intentional interference with economic advantage, etc. by defendant and president of electrical supply corporation, claiming that defendant promised that plaintiff would receive an ownership interest in the corporation when he opened and managed the Sacramento outlet.
  
  
• Handled class action antitrust litigation, as examples, In Re Fine Paper Antitrust Litigation and In re corn Derivatives Antitrust Litigation.
  
  
• Handled numerous cases regarding attorney fee disputes.
  
  
• Handled numerous litigated and pre-litigation actions relating to law firm dissolutions.
  
  
• Plaintiff, a buffalo breeder, sued defendant South Dakota ranch corporation for breach of contract for suppling alleged defective semen for artificial insemination.
  
  
• Plaintiff, daughters of decedent, sued defendant, allegedly a minister, in an action for fraud, misrepresentation, and elder abuse, etc. to rescind any and all transfers of real property (multi-millions in value) to the church organization made by decedent prior to her death.
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• Action for breach of implied contract and violation of anti-ticket scalping law brought by plaintiffs against defendant, who owned San Francisco 49ers season tickets, when plaintiffs purchased season tickets from defendant and defendant attempted to charge more than face value for post-season playoff tickets.