Our Blog

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

What Court Should I Use - Lloyd Winter Law
Q & A

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

Read More »
Mechanic's Liens - Lloyd Winter Law
Q & A

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

Read More »
Fence - Lloyd Winter Law
Q & A

Who Is Responsible For Fence Repair Between Neighbors?

Disputes over fence repairs are one of the most common issues between neighboring property owners. A fence may appear simple, but questions about ownership, maintenance, and liability can quickly become complicated when damage occurs. Whether the issue involves normal wear and tear, storm damage, or

Read More »
Stolen Property Liability - Lloyd Winter Law
Q & A

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

Read More »
Contract - Lloyd Winter Law
Q & A

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.

Read More »
Who pays my attorney fees - Lloyd Winter Law
Q & A

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

Read More »
Storm Damage - Lloyd Winter Law
Q & A

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

Read More »
Natural Disaster - Lloyd Winter Law
Q & A

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

Read More »
Late Payment Fees - Lloyd Winter Law
Q & A

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

Read More »
Cancel the Lien is it legal - Lloyd Winter Law
Q & A

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

Read More »
Contract Dispute - Lloyd Winter Law
Q & A

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

Read More »
public high school non payment - Lloyd Winter Law
Q & A

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.

Read More »
Water Leak for Previous Owners - Lloyd Winter Law
Q & A

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

Read More »
Contract Question About Preliminary Notice
Q & A

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

Read More »
Tenancy, Liens, and Probate - Lloyd Winter Law
Q & A

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

Read More »
Filed A Lien By Mistake - Lloyd Winter Law
Q & A

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

Read More »
Misconceptions About Litigation - Lloyd Winter Law
Legal News

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

Read More »
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

Read More »
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,

Read More »
(559) 233-3637