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Orange County Litigation Law Blog

Conflict with an HOA member could need legal action

Homeowners associations can serve many purposes. While some homeowners may not like the idea of having a group control what they can and cannot do with their property, these associations can ensure that one person does not cause unnecessary problems for other residents of the same neighborhood. These associations could also help keep property value up as there is less chance of neighboring properties becoming unkempt or otherwise causing problems that could decrease the value of your property.

When you first bought your home and moved into the neighborhood, you may have felt welcome and did not feel constrained by the covenants set forth by the HOA. However, some people do not handle power of any kind well, and you may have recently found yourself in a squabble with a member of the HOA who wants to inflict more control than allowed.

A partnership dispute may have you considering your legal options

Going into business with a partner may have seemed like a no-brainer to you. You and your partner may have collectively come up with the business idea and took the startup steps together to allow the company to go from an idea to reality. At no point did either of you think that going at it alone would be for the best.

Unfortunately, as time has gone on, you and your business partner find yourselves disagreeing more often than not. At first, the issues may have seemed small, and one or the other may have conceded without much fuss. However, the issues now revolve around major business operations or even your partner not pulling his or her weight.

Is your business facing a class action lawsuit?

As a well-established California business, you may have faced a few small legal matters over the years. Up until this point, you may not have had any major concerns about how a case could affect your company. Unfortunately, you and your business now face a more serious matter as multiple people feel that your company has wronged them.

When several people feel that a similar issue has caused them to suffer damages, they may band together to file a class action lawsuit. Understandably, you may worry about this type of lawsuit because it could mean that your company is on the line for paying restitution to multiple parties if the court does not rule in your favor.

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.

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