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Need Paralegal/Attorney to respond to a brief

$30-250 USD

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Zveřejněno přibližně před 2 roky

$30-250 USD

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I am in a bind with some business partners of mine and am in need of legal help. I'm in arbitration and need help writing a response to a final brief. I've been doing this own my own, but the partners came in with an attorney at the last minute. I''m not asking for representation, but help writing the response to the brief which has some case law cited in it which I cannot comprehend. Do you think you or know someone who might can help? From Text of brief: I. ARGUMENT A. ANY AMBIGUITIES OF THE UNDERLYING CONTRACT MUST BE CONSTRUED AGAINST ITS DRAFTSMAN: THE PETITIONER Any ambiguities caused by the draftsman of the contract must be resolved against that party (Narver v. California State Life Ins. Co. (1930), 211 Cal. 176, 180-181; Lagomarsino v. San Jose etc. Title Ins. Co. (1960), 178 Cal.App.2d 455, 464). Here, Mr. Hill concedes that he found the underlying template of the Partnership Agreement from a legal document depository, made some edits of his own, and bought the final version of the Partnership Agreement (with his edits) using Mr. Pokahrel’s credit card. Mr. Hill further concedes that the only “edits” Messrs. Omar Espinosa or Utsav Pokahrelr made to the Partnership Agreement were filling in their names and signatures. Signing a contract is not drafting a contract. Mr. Hill being the sole draftsman of the Partnership Agreement, all ambiguities in the Partnership Agreement must be construed against Mr. Hill. B. PETITIONER’S BREACH OF CONTRACT CLAIM FAILS BECAUSE PETITIONER AGREED TO NULLIFY THE CONTRACT “When a contract is rescinded it is extinguished.... The contract becomes a nullity; it and each of its terms and provisions cease to be subsisting or enforceable against the other party. . .. CA(4) (4).”w (12 Cal.Jur.2d, Contracts, § 206.) If the contract was truly void it created no right or claim whatsoever: “A void contract is no contract at all; it binds no one and is a mere nullity.” (Guthman v. Moss (1984) 150 Cal.App.3d 501, 507.) "No rights are enforceable under a void contract. " (A-Mark Coin Co. v. General Mills, Inc. (1983) 148 Cal.App.3d 312, 322; see First Nat. Bk. v. Thompson (1931) 212 Cal. 388, 405- 406 [contract void due to illegality "has no legal existence for any purpose"]; Tiedje v. Aluminum Taper Milling Co. (1956) 46 Cal. 2d 450, 453-454 [illegal contract "may not serve as the foundation of any action, either at law or in equity"].) Here, Mr. Hill brings a breach of contract claim based on the Partnership Agreement to recover his time allegedly spent on various projects for the Restaurant. RESPONDENTS’ TRIAL BRIEF AND SUPPORTING DECLARATIONS 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 But Mr. Hill also concedes that the Partnership Agreement has been nullified. See Mr. Hill’s Statement of Claim (demanding a flat fee for supposedly maintaining tax and financial records for the Restaurant until “complete contract nullification.”) Thus, Mr. Hill’s breach of contract claim fails because—as conceded by Mr. Hill himself— the underlying contract has been nullified. C. PETITIONER’S BREACH OF CONTRACT CLAIM ALSO FAILS UNDER THE PARTNERSHIP AGREEMENT Assuming arguendo that the Partnership Agreement has not been nullified, Mr. Hill’s wage claim is barred by the Partnership Agreement. 1. The Partnership Agreement does not grant Mr. Hill a salary The Section III (3) of the Partnership Agreement states as follows: Whether or not any Partner is to receive a salary for services rendered to the Partnership and the amount of any Partner’s salary will be determined by vote of the Partners. The Section II (5) of the Partnership Agreement states as follows: all decisions concerning the Partnership will be made by majority vote of the Partners.
IČ projektu: 33411511

O projektu

13 nabídky
Vzdálený projekt
Aktivní před 2 roky

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Avatar uživatele
RESPONSE TO A LEGAL BRIEF !!! l’m a qualified Lawyer and also an expert in legal writing who has lots of experience in Filing all forms of court paperworks (Motions, Requests, Lawsuits), MOU, CONTRACTS, SUB-CONTRACTS, T&C, PARTNERSHIP/ FRANCHISE CONTRACT, AGREEMENT AND OTHER INTERNATIONAL LAW ACTIVITIES. With my qualification as a Lawyer and my experience, I have drafted lots of customized Agreements and legal paperworks for my employers which will comply their requirements and existing laws. I am confidently expressing my interest in drafting a with well detailed Response to a legal brief. I will send you several samples of my past work or Kindly check my reviews/feedbacks on my profile to see what my employers said about my good services. Message me for more discussion. Regards Ade
$50 USD v 2 dnech
5,0 (41 recenze)
5,8
5,8
13 freelanceři nabízejí v průměru $153 USD za tuto práci
Avatar uživatele
I HAVE ACCESS TO WESTLAW!!! I am an experienced lawyer with expertise in law of contract and arbitration. I am also highly skilled in legal research and legal drafting. I have drafted a lot of court processes for my US clients who are self-represented litigants. I have read the details of your project and I can draft your final brief. I will ensure that your submissions are backed with authentic case laws and statutory authorities. Having access to Westlaw means that I will embark on extensive research to effectively counter and respond to their submissions Please do reach out to me and let us discuss the details of this project. Thank you.
$250 USD v 2 dnech
5,0 (7 recenze)
5,1
5,1
Avatar uživatele
Hello Hope you are doing well. I can assist you in professional contracts writing as I have already done several related projects of contracts and agreements writing. I have a master qualification with 5 years’ experience in contracts writing. You can review my profile to know more about me as I have maintained 4.9/5 stars rating against more than 210 projects. I have read your project description carefully and you will get plagiarism free contracts according to your requirements. I look forward to your response. I will be happy to assist you! Thank You, Maria
$30 USD v 1 dni
5,0 (6 recenze)
3,5
3,5
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I graduated with LL.B. degree from Delhi University, India in 2018 and since then I have worked as a Dispute Resolution Associate in a Law Firm that specializes in litigation. Arbitration and Real-Estate/Construction disputes till Jan'2021. Since parting ways from my first Law Firm in Feb 2021, as an independent practitioner; I have been a legal consultant for a retainer for many registered Companies based in different jurisdictions; regarding contracts and Arbitration Disputes and I recently advised a UK-based company for their Arbitration Case which was heard before ICC Qatar. Looking forward to hearing from you, Thanks Saabika
$240 USD v 3 dnech
5,0 (4 recenze)
3,6
3,6
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Hi, I have immense experience of providing Legal Process Outsourcing Services to ProSe persons. LITIGATION LEGAL ASSISTANT AND PARALEGAL SERVICES at fraction of Attorney cost in: 1. Legal Research 2. Family Law: Divorce & Child Custody/Termination of Parental Rights 3. Home Loan Bank MERS Foreclosure Litigation 4. Commercial and Residential Evictions, Demurrer / Motions / answers 5. Bankruptcy Petition Preparer, filing and litigation 6. Civil & Personal Injury Complaint/Answers/Motions. 7. Drafting of Living Revocable/ Irrevocable Trusts and Wills. I prefer fixed price for your assignment. I believe i have the experience to match your expectations. Looking forward to work with you. Regards
$120 USD v 1 dni
4,7 (4 recenze)
3,0
3,0
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Hi there, I am interested in this project. I can assist you in preparation for this document. Connect with me to discuss this further. Kind regards
$80 USD v 3 dnech
4,9 (4 recenze)
2,2
2,2
Avatar uživatele
Hello there I have seen and read your project "Need Paralegal/Attorney to respond to a brief" and I am very much interested to help. The skill guiding ,me to handle this work are : Employment Law, Contracts, Legal Research, Legal and Legal Writing Hire me direct incase project is deleted by by c;licking this link https://www.freelancer.com/u/errandssolution Regards Charity
$165 USD v 1 dni
0,0 (0 recenze)
0,0
0,0
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Hi I can deliver this project in few hours. My main motive is to provide quality content for my client. lets have a quick chat for further discussion.
$140 USD v 1 dni
0,0 (0 recenze)
0,0
0,0
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Hi, I am a lawyer and your legal matter is fairly complex, I would however need a more detailed breifing on what has taken place and what your requirments are to fully advice you legally, the document you have attached is just a precedent which is taken by a party to strengthen their case/argument, I can also provides you with the relevant case law which is in your favour. I can help write you a response which will be submitted with the arbitrator. This requires deep research and drafting the response as per your satisfaction, let me know if you desire my help. Thank you
$150 USD v 7 dnech
0,0 (0 recenze)
0,0
0,0

O klientovi

Pochází z UNITED STATES
Chico, United States
0,0
0
Ověřená platební metoda
Členem od úno 7, 2012

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