Our Blog
We provide insights and advice on navigating civil litigation and real estate disputes.
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
Is it legal to cancel the lien?
Question: We are a contractor who is owed money. We placed a mechanic’s lien on the property but did not enforce it in time. Is it legal to cancel the lien? Can we pursue the debt in small claims court? Answer: Not only is it
Contract Dispute
Question: I am a sub contractor I did a job for a homeowner he paid the full amount after I sent a notice. He is now asking me to come back and do additional work at my expense. And threating to leave a bad review
Public High School Non-Payment
Question: The contractor had a project for construction at a public high school. They have not been paid and want to know what remedies are available. Answer: Because of the principle of sovereign immunity, a mechanic’s lien may not be recorded against a public/government project.
Water Leak for Previous Owners/Current Tenants
QUESTION: “The house was sold just before the water leak. The previous owners are now tenants, and the new owners out of country. Their realtor/mgr is not accepting responsibility. The job ended 9/22 are we good to lien?” ANSWER: “It depends on who you had
Contract Question About Preliminary Notice
Question: “We are on phase two of a contract and have not yet filed a preliminary notice. Can we do it late?“ Answer: “Some providers are not required to send a preliminary notice. For example, if you are the prime contractor and you have entered
Tenancy, Liens, and Probate
Question: “I take care of horses and am a grounds keeper for an older woman who passed away 2 months ago. The family told me to just continue what I’m doing. But I have not been paid since she passed away. Now today a lady
Filed A Lien By Mistake?
Question: “We filed a lien after we were paid by mistake. I released the lien right away, the client claims I have to expunge the lien. Not sure how to do this?“ Answer: “Mechanic’s liens are recorded in the County in which the real property
Can a Law Firm Represent Both Parties? Understanding Joint Representation Agreements
In many cases, the adversarial nature of the law is apparent. One party has sued another or claims a right to take another’s property. In that scenario, no sensible person would stop and think “Can a lawyer represent both parties or can a law firm
MISCONCEPTIONS ABOUT LITIGATION
When clients approach us with a wrong, they often want to jump right into filing a lawsuit against the person who wronged them. Litigation is often the right choice, but it comes with inherent risks. It is important to discuss and understand litigation before assuming
New Law Regarding Independent Contractor Status
Cautionary Note Assembly Bill 5 is new legislation. As with all legislation, it sets forth general rules that will be picked apart in the coming years by various courts that analyze its provisions. As of today, only one court case has issued analyzing AB 5
When and How a Landlord Can Evict a Tenant
WHEN AND HOW CAN A LANDLORD EVICT A TENANT? Landlords may want to evict a tenant for cause (meaning the tenant did something wrong like failing to pay rent or engaging in destructive or illegal activity) or without cause (meaning the tenant did nothing wrong,
A lawsuit for a broken heart?
When love goes awry, revenge is often the first order of business. After a slurry of lawsuits from jilted partners, California and other states enacted so-called “heart balm” statutes. These statutes explicitly outlaw “heart balm” causes of action wherein one party seeks damages as a
DEPOSITION FAQ
WHY AM I BEING DEPOSED? Every party in litigation has the opportunity to conduct discovery, which is just what it sounds like – a chance to discover all of the evidence that might be relevant to the case. Discovery allows all of the facts and
Does it matter how I title my real property?
When you purchase a new home, there comes a point when you must check a box on a form to dictate how that home will be titled. The box is innocuous enough, giving options like joint tenancy, tenants in common, etc. You check the box,
Fresno mediation lawyer
Hire Fresno Mediation Lawyer & Get Rid Of All the Headaches Of Litigation Of late, lawyers have realized that though litigation is suitable, it should not be picked as the first option for dispute settlement by parties contemplating their best interests. Not only are litigation
Form I-864 Support Affidavits
The Immigration and Nationality Act forbids admission to the United States of any individual who is likely – at the time of application or thereafter – to become a public charge. In other words, individuals seeking to move to the United States are deemed “inadmissible”
Avoid The Courtroom With Mediation From Lloyd Winter
We all prefer to solve problems on our own. We’d love to resolve conflicts one-on-one, and come to an agreement where both parties leave the negotiating table satisfied. But sometimes things get complicated. Very often this results in a stressful, lengthy court case which becomes
Mediation Law in California
Mediation is a procedure in which the Arbitrator expedites communication between two or more parties to a controversy for the aim of assisting them to consummate an agreement. Mediation Law in California cites that all interaction that occurs during mediation should be kept confidential in