Our Blog
We provide insights and advice on navigating civil litigation and real estate disputes.
What Are the Grounds for a Cease and Desist?
If someone is doing something to you or your business that is unlawful or harmful, you may have wondered, “What are the grounds for a cease and desist?” Many people have heard of cease and desist letters, and most people know that a cease and
What to Look for When Hiring a Civil Litigation Attorney
Who you choose as your civil litigation attorney can make or break your case. A civil suit is a case that is not criminal in nature. A civil litigation attorney is who you call when you expect to have to go to court. Lawsuits handled
You’ve Been Served- Now What?
If you’ve been served a notice that you’re being sued, you may feel overwhelmed. But if your stress response is to flee or freeze, resist that urge. Failure to respond on time once you’ve been served can result in the court entering a default judgment
California Preliminary Notice Requirements
In most states, to secure the right to file a lien on constructions projects, contractors, suppliers, and subcontractors must send a preliminary notice. A preliminary notice is a legal document that provides information to whomever is responsible for paying for the job. It’s sometimes called
Judicial Efficiency
What Is Judicial Efficiency? “Judicial efficiency” is a term that is often thrown about in courtrooms and pleadings. The concept, in a nutshell, is that where justice can be served in a manner that does not waste the court’s time and resources, that is the
Failure to Disclose Defects on Real Estate Often Justifies Litigation
Failure to disclose defects in real estate is a serious issue. Former property owners and sometimes even real estate agents can be held responsible for failure to disclose defects that exist in a home. Sometimes, the misrepresentation is innocent. Often, it’s negligent. Other times, failure
Quiet Title Action: When To Call a Lawyer
Filing a quite title action isn’t a secretive way of getting the title of a property in your name. The “quiet” doesn’t refer to the action being hush-hush. Rather, quiet titles are named as they are because they quiet any disputes or potential disputes surrounding
Mechanic’s Liens: Sometimes Litigation Is the Only Option
A mechanic’s lien is a legal claim that contractors, subcontractors, or suppliers can place on a property to ensure payment for work or materials provided. This type of lien is used in the construction industry and can be placed on both residential and commercial properties.
Understanding the New Non-Compete Clause Laws: A Guide for Business Managers and Employees
Introduction to Non-Compete Clauses Non-compete clauses have long been a staple in employment contracts, designed to protect businesses from the risk of losing valuable intellectual property and proprietary information to competitors. These clauses restrict an employee’s ability to engage in similar employment or start a
A Contractor Dispute Attorney’s Guide to Handling Contractor Disputes
An experienced contractor dispute attorney knows that given the complex nature of construction projects, when a dispute arises between a property owner and a contractor, these disputes often result in litigation. In other words, contractual issues involving contractors often end up in court. We’ve outlined
Unlawful Detainers FAQ
Our firm often receives questions related to eviction actions, also known as unlawful detainers. Here are some of the most common: 1) My tenant is not paying, can I toss their stuff on the curb and change the locks? Landlords are not allowed to engage
What Court Should I Use?
When you have been wronged by another person, you may want to file a lawsuit against them. It is typically more efficient to try to work things out with them pre-litigation (in other words, before you reach the point of filing a lawsuit). But if
Mechanic’s Liens
Question: I received a mechanic’s lien that a sub-contractor filed against my property. But I don’t have any contract with the subcontractor. I contracted with a general contractor, and I have already paid them the amount due under the contract. Can I ignore this mechanic’s
Fence Repairs
Question: The fence between me and my neighbor is in need of repair. Who is responsible to pay for the fence? Also, my neighbor’s trees are causing the fence to buckle because the tree limbs and roots are pushing on the fence. I think my
Stolen Property Liability
Question: I bought a truck that turned out to be stolen. Do I have to return it? Answer: Typically, conversion is a strict liability tort. Meaning if you possess stolen goods, then you are just as liable in civil court for conversion as though you
Contractor Work
Question: I’ve been working for months to make a deal with a contractor. I think we have agreed to terms. He said he would send over an agreement to sign, but he has not done so yet. I want to get started on the project.
Who pays my attorney fees?
Question: If I file a lawsuit and I win the other side will pay my attorneys’ fees, right? How do I get my fees back? Answer: In the US, we follow what is known as the “American Rule.” Almost across the board, the presumption is
Storm Damage Liability
Question: After a big storm, my neighbor’s tree fell on my house. Who has to pay for it? Can I sue them in small claims court? Answer: Typically, a homeowner is responsible to file a claim with their own homeowner’s insurance policy when their property
Natural Disaster
Question: Weather destroyed the house I am renting, and it is not livable. Does my landlord need to fix the house? Do they have to pay my hotel bills while the repair is happening? Answer: The answer to this question will be governed by state
Late Payment Fees
Question: My contract says that I will be charged $15 per day for each day my payment is late. Is that allowed? Can I refuse to pay that late fee? Answer: The law permits a contracting party to assess liquidated damages in the event actual