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Orange County Litigation Law Blog

Collaboration - the Key to Litigation and Trial Success

In business, real estate, or trust litigation, there is no question but that "job one" for an attorney representing a client is to prepare for trial. As we have discussed in other Blog posts, most cases in fact settle out of court before trial, rather than concluding with trial and a verdict. It is our belief that the very best way to induce the opposing side to settle a case is for the opposition to see that the Firm is diligently and zealously preparing for trial. Naturally, this policy and practice pays big dividends if the case does in fact go all the way to trial. This preparation is equally key for success in mediation or negotiation.

Important considerations for business litigation

As a business owner, you can expect to face business litigation at some point. However, it is possible to limit such instances.

Understanding these options can aid you in making the best decision for the wellbeing of your company. There are a few important considerations to make concerning business litigation.

Breach of Contract -- Was Performance Excused?

Buffington Law Firm's experienced team of breach of contract attorneys have successfully litigated many claims in which one side has alleged breach of contract.  Usually such contract will be a written document.  As discussed in last week's Blog article, the threshold question in a breach of contract lawsuit usually must be the question as to whether there existed, in fact, an enforceable contract.  California Civil Code Section 1550 delineates the critical elements necessary for an enforceable contract to exist.

Breach of Contract -- Was There a Contract?

Buffington Law Firm's experienced team of breach of contract litigation attorneys have often brought, or defended against, breach of contract claims. Often these claims seem straightforward -- there was an agreement, perhaps even a written agreement, and one side failed to carry out his or her side of the bargain.  However, sometimes it is more complicated than that.  One of the threshold questions must always be the question as to whether there was actually a contract between the parties.

Ignoring Corporate Formalities -- A Source of Business Ownership Disputes

Buffington Law Firm's business and corporate trial attorneys have successfully litigated numerous business litigation cases in which the central issue was the question as to who a corporation's stockholders actually were. At first impression, one might think that there should always be an obvious answer to this question. Surely the person or persons who started the company are the owners. In practice, this question is sometimes far from clear.

Key factors in dueling will decisions

Estate plans and wills are intended to provide clarity about the wishes of a deceased individual. However, if a loved one leaves more than one will, this may lead to a will dispute.

In such instances, the court must make the final determination. There are a few key factors to know and understand in regard to dueling will decisions.

Options for resolving encroachment issues

Whether you have a great relationship with your neighbors, neighbor issues tend to arise over time. One of the most common issues is encroachment.

This can cover a few different types of issues. Should you face an encroachment issue with your neighbor, there are a few different resolutions available.

Is the HOA ineffective in resolving your noise complaint?

When you moved into your condo, you had no trouble complying with the CC&Rs set out by the Homeowners' Association. You appreciate that the HOA keeps the property well-maintained, for example, and that smoking is prohibited in common areas.

However, two sisters, both in their twenties, have recently purchased the condo above yours. They have noisy weekend parties that last until the wee hours and keep you awake. You have lodged a complaint with the HOA, but is the board taking action?

Breach of contract and its possible remedies

When you delegate a task to a specific person or party, you expect her or him to complete the work. If the party does not complete the agreed upon work within the set timeframe, or at all, you may be eligible for a breach of contract dispute.

A breach of contract has a few key parts that are important to understand. It may also be beneficial to understand the possible remedies to such a claim.

Understanding the different special needs trusts

You want to take care of your loved ones with special needs; however, if there is a mishandling of trust funds, it may cause more harm than good. Not only may the funds face taxation, but if it appears that an individual with special needs receives or has too much money, it could disqualify him or her from receiving benefits from the government.

Thankfully, there are ways around this. If you or a loved one has special needs, having a trust in place can help to protect the funds intended for care. In fact, there are a few trust options to choose from.

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

Toll Free: 800-835-2447
Phone: 714-450-6568
Fax: 714-842-6134
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