Our Blog

We provide insights and advice on navigating civil litigation and real estate disputes.

HOW DO I FORM MY SMALL BUSINESS IN CALIFORNIA?

When opening a new business, it is important to make sure you have all necessary registrations and licenses. Here is a simple overview of the steps you will take when opening your small business in California. 1. Choose your business structure/make a business plan You

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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

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Common Mistakes in Small Business Contracting

When a business is served with a lawsuit, the question of “what could we have done differently to avoid this ” is top of mind. There are certain mistakes made frequently by small businesses that are easy to avoid with a little planning ahead. One

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2020 law independent contractor status
Legal News

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

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How to evict a tenant
Tenant Eviction

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,

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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

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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

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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

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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”

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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

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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

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Never Hire a Bulldog Attorney

How many times have you heard the old idiom “if you have to hire an attorney, make sure he’s a bulldog!” That is by far the worst advice to ever give a potential client.  Rule 1.3 of the Rules of Professional Conduct advises attorneys to

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The Myth of the Bulldog Attorney

Rule 1.3 of the Rules of Professional Conduct advises attorneys to “zealously” represent their clients, and most attorneys practicing ethically are mindful of the high bar set by that standard. But herein lies the crux of the confusion. For many people, many attorneys even, “zealous

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Organic Product Labeling Fraud

The California Supreme Court just opened the gates for organic product fraud litigation. In Quesada v. Herb Thyme Farms, Inc. (2015) 62 Cal. 4th 298, where the defendant made misrepresentations to the public by selling non-organic thyme labeled organic, the court considered whether the federal

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Damages in a Business Litigation Action

MICRA, the Medical Injury Compensation Reform Act, was enacted in California in 1975.  It limits recovery of non-economic damages in Business Litigation cases, including claims for pain and suffering and loss of consortium, to $250,000.  Somewhat controversially, MICRA does not have a provision for the

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What is my Automobile Accident Case Worth?

It is important to call an attorney right away when you have been involved in an automobile accident.  You should never assume that the person who hit you will “do the right thing” or that the settlement offered by the insurance company will be fair. 

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Recovering Your Attorneys’ Fees

Many people assume that if they win their lawsuit, they will recover all of the attorneys’ fees and expenses they incurred in the matter.  Based on this assumption, they may seek out the flashiest and fanciest law firm in town, figuring that the other party

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