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Orange County Litigation Law Blog

Are you facing your first business lawsuit?

As a small business owner, you have likely had many ups and downs. You may have experienced numerous challenges just getting your business up and running, and it may always seem like there is another difficulty around the corner. However, you feel confident in your abilities and work hard to ensure that everything runs as smoothly as possible.

Of course, a significant portion of businesses face some type of legal claim or lawsuit during the course of their business operations. You may have recently found yourself facing this type of predicament for the first time, and understandably, you may worry what it could mean for your company. Luckily, you have options.

Are you the victim of investment fraud?

If you are the kind of person who plans for the future, you may have been proud of yourself when you decided to start investing. Using your money to earn more money is a popular way to grow funds for retirement, travel or security for your family. However, there are downsides to investing, which is why not everyone does it.

Investing can be scary, and it certainly involves a leap of faith when you hand over your hard-earned money to a broker. You may understand the potential risk, but the old saying assures that the greater the risk, the greater the reward. However, how can you tell if the return a broker has promised is reasonable or that it is too good to be true?

Barefoot v. Jennings overturned in key Trust Litigation Decision

Buffington Law Firm's Trust Litigation attorneys have been keenly following the key trust litigation case of Barefoot v. Jennings.  This case, when originally decided by the Court of Appeal, had a far-reaching and downright disruptive effect upon trust litigation in California.  The reason is simple.  The decision in Barefoot held that if a plaintiff was challenging a trust, where there was an amendment that disinherited the plaintiff, that this meant that the plaintiff lacked standing to challenge the very amendment that disinherited him or her.  This gave rise to an obvious circular dillemma -- if a defendant procured, by improper means such as  undue influence or the like, an amendment that disinherited another beneficiary, not only was that beneficiary disinherited, but the amendment caused the beneficiary to lose standing to challenge the amendment in probate court under Probate Code Section 17200!  This was a surprising decision, to say the least, since many trust litigation cases involve this precise scenario.

Circumstances under which a trustee may need to be replaced

When your loved one created his or her trust, it was necessary to choose someone to administer the trust after his or her death. Your loved one more than likely chose this person because he or she believed that person would do a good job and trust the individual as well.

Now that the individual is serving as the trustee of a trust to which you are a beneficiary, you may be wondering what your loved one was thinking when choosing him or her. In fact, you may also be wondering whether you can replace the trustee.

Did the seller withhold information about your home?

Purchasing a home in California can be complicated and expensive. Before investing hundreds of thousands of dollars into a residence or property, you want to be certain you are getting what you pay for. This is where property disclosures can help.

The laws governing real estate transactions in this state generally protect the buyer. The same is true for disclosure statements. While each state has its particular requirements for the things a seller must reveal to a potential buyer, California's requirements are among the most stringent. Nevertheless, you may have purchased a home based on the disclosure of the seller only to find that the seller may not have been entirely truthful. Does this mean you have a legal claim?

Undue Influence in Trust Disputes

Buffington Law Firm's trust dispute attorneys have more than two decades of experience in handling trust inheritance disputes.  This Blog article will briefly discuss a certain type of trust dispute that is unfortunately quite common -- situations in which someone exercises undue influence over a trustor (trustmaker) and causes that person to make changes to his or her trust that are not really representative of the trustor's true wishes.

Living Trust Disputes -- What to Look For

Buffington Law Firm's living trust litigation attorneys have more than two decades of experience in handling trust disputes.  In this brief Blog article we will touch on a few of the more common causes for trust disputes.

The Art of Knowing When and How to Settle a Case

Buffington Law Firm's main practice areas consist of trust litigation, real estate litigation, and business/corporate litigation.  There is one common denominator to these three practice areas -- that is the need for the client to know if, when, and how to settle a case.

Firing fairly to avoid legal action

Undoubtedly, one of the most stressful duties of a business owner or manager is firing employees. A termination may be the sorry result of an economic downturn or the culmination of an employee's lack of success. You may know well the embarrassment of losing a job and the difficult time your employee will have facing his or her family. Nevertheless, you must put your emotions aside and do your job.

In the back of your mind, however, may be the concern that this termination will come back to haunt you in the form of a wrongful termination lawsuit. Such lawsuits can drain your business of time and resources, and they may also damage your reputation as a fair and trustworthy employer. It is important that you act justly in all your dealings with employees, but especially during the difficult process of termination.

The penalties for elder abuse are severe in California!

As discussed in last week's Blog article, Financial Elder Abuse is a growing and serious problem in California.  The Welfare and Institutions Code defines it as a situation in which someone:

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

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