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June 2014 Archives

Business Litigation: Negligent Misrepresentation in Lawsuits

In business litigation, the issue of negligent misrepresentation is often misunderstood.  Despite its name, "negligent misrepresentation" arises when a Defendant makes a statement (i.e. a representation) that he or she has no reasonable basis for believing to be true.  While this technically may involve a state of mind on the part of the Defendant that seems like negligence, under California law this can legally constitute fraud.  [Bily v. Arthur Young; Cal. Civil Code Sec. 1710(2)].

Business Litigation: Fraud in Contract Formation Part 2

In last week's business litigation Blog article we discussed fraud in the formation of contracts, and how to differentiate certain scenarios that involve fraud from straight breach of contract situations.  In this brief article we will discuss other types of fraud as they relate to contracts.  Buffington Law Firm's breach of contract and business fraud attorneys have litigated many cases involving business fraud.  In these Blog articles we seek to inform the general public concerning some of the basics of this type of business litigation.

Trust Disputes: How to Avoid Them

Trust disputes and trust litigation are an important part of Buffington Law Firm's litigation practice.  This week's Blog article is a little different in that rather than discuss trust litigation we will discuss a few basic estate planning concepts that we believe can help parents avoid trust disputes among their sons and daughters.  These suggestions are based on actual lawsuits that our trust litigation attorneys have resolved -- which lawsuits, in our opinion, were the result of poor (but well-intentioned) estate planning.

Business Litigation: Fraud in the Formation of Contracts

Buffington Law Firm's business litigation attorneys have successfully tried many lawsuits involving business fraud.  In this brief Blog article we will discuss some of the basics of business fraud in the formation of business contracts.  It is important to know the difference between a breach of contract lawsuit, and a lawsuit which is properly characterized as actual fraud.

Real Estate Encroachment Disputes: Part 2

In last week's Blog article we discussed the basic nature of real estate encroachment disputes.  In this week's article we discuss the law governing such disputes in more detail.  Buffington Law Firm's real estate trial lawyers recommend that if you are involved in a real estate encroachment dispute that you not take action yourself without legal advice.  These disputes can be both emotional and tricky, and good legal advice can prevent escalation of the dispute and also avoid further legal problems.

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Buffington Law Firm, PC
8840 Warner Avenue Suite 300
Fountain Valley, CA 92708

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