San Francisco, CA asked in Civil Litigation and Personal Injury for California

Q: If my ex’s business license is expired and I notify his vendor is that business intereference in California.

My ex husband had a catering permit and was working under the table. His catering permits had been expired and he was still working farmers markets. I notified the market of its expiration. My ex would not renew his license and is now suing me for an unlimited civil case for business interference. His tax records and child support records he’s never made money from his business. Is my notification considered business interference under California law?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: much more info needed.

however, anyone can sue anyone else for anything at any time.

the question is will they win and can one find a lawyer to handle it on a contingency or have enough money to pay a lawyer on an hourly.

if has money for lawyers and you do not then I fear for your prevailing

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: See: https://www.justia.com/trials-litigation/docs/caci/2200/2201/

You can see the elements of the tort in the link above re: Intentional Interference with Contractual Relations. If he legally or contractually needed a catering license to work with the market, and if he didn't have that license, you may claim that he did not have a valid contract since he had either breached it by failing to have the license from the outset or by failing to maintain the license during the contractual term. You would need to request via discovery a copy of the contract as well as a copy of documents related to his catering license to determine the related facts. Further, you may be able to claim that his own failure to maintain his license is the primary and overwhelming reason he lost his farmer's market opportunity, and that your reporting of such information is incidental and not a substantial cause of his losing the contract. Also, you might be able to defend yourself by claiming that you were promoting the public interest and the law by making sure that the market vendor had a valid license if the law legally requires that. There may be other defenses possible, and each defense (including the above) should be carefully researched to ensure that they apply and are properly argued. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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