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February 2014 Archives

Disputes involving business purchases and sales

Buffington Law Firm's business trial lawyers have frequently dealt with lawsuits deriving from business disputes involving the purchase and sale of a business. These lawsuits typically occur when the buyer believes that the seller concealed or misstated some material fact concerning the nature of the business.  Alternatively, the buyer may simply not carry out some of his or her obligations set forth in the purchase contract, such as making installment payments against the purchase price if the contract calls for this.  In either context, litigation is common.

Business Litigation: When You Receive an Attorney Threat Letter

Buffington Law Firm's business litigation attorneys often receive inquiries from people and businesses who have received a demand letter from an attorney in which the attorney threatens to file a lawsuit.  Receiving a threatening letter from someone else's attorney is never a pleasant experience and probably ranks right up there with receiving a letter from the IRS.  Attorney "demand letters" usually threaten litigation unless the recipient gives in to the attorney's demands, which often involves a substantial sum of money or other punitive terms.  Often the recipient of such a letter, whether it be an individual or a business, is upset and has notions of a ruinously expensive lawsuit.  When a person or business receives such a letter, what he or she does next is critically important.

Trust Disputes: Contesting a Trust

Buffington Law Firm's trust litigation attorneys have frequently handled trust dispute cases in which it was necessary to bring court action in order to dispute the validity of a trust or an amendment to a trust.  A revocable or "living" trust is one of the most common ways that people structure their estate plans to provide for their loved ones.  Trusts are economical and efficient, and enable an estate to avoid probate. Sometimes it is necessary engage in trust dispute litigation in order to set aside improper trust amendments or restatements.

Attorney's fee provisions in breach of contract lawsuits

Buffington Law Firm's experienced breach of contract trial lawyers often deal with the issue of attorney's fee provisions in contracts.  As discussed in one of our recent blog articles, in California and most of the United States in a breach of contract lawsuit the loser normally does not pay the winner's attorney's fees as the result of a court judgment.  However, California Civil Code Section 1717 makes an exception to this.  If the contract that is the subject of a lawsuit in fact contains a provision stating that the winner of a lawsuit based upon the contract shall receive its attorney's fees this clause is enforceable.

Secretive or Uncommunicative Successor-Trustees in Trust Disputes

Our Firm has a long history of handling various kinds of inheritance disputes involving living trusts.  Of all the types of trust disputes that Buffington Law Firm's trust litigation attorneys deal with, the most common scenario is that of the secretive or uncommunicative successor-trustee.  These are situations in which the trustors have passed on (often the parents) and have left a family "living" trust in which several of their now-adult offspring or other loved ones are the beneficiaries.  Usually the trustors (the now-deceased people who created the trust) have provided that one (sometimes more) of the beneficiaries will act as "successor-trustee" of the Trust.

"In business litigation does the other side pay my attorney's fees?"

One of the most common questions that clients ask Buffington Law Firm's business trial lawyers is whether the losing side (i.e. the other side) will have to pay the winner's attorney's fees.  In a large lawsuit this obviously can be a significant amount of money and even in a small suit it is natural for clients to want the court to require the other side to pay their attorney's fees as part of the judgment.

Avoiding Costly Breach of Contract Lawsuits

One of the most common types of business disputes that Buffington Law Firm's business trial attorneys handle are lawsuits involving an alleged breach of a written contract between two businesses or individuals.  These lawsuits have one feature that other types of lawsuits often lack: an actual written agreement the text of which, at least, is usually not in dispute.

How to Handle Employee Claims Against Employers

Buffington Law Firm's Orange County trial lawyers often deal with situations in which a present or former employee of a company makes a high-dollar demand for unpaid past wages.  California law is strict concerning the manner in which employees are paid.  Employees know this, and a common scenario is a situation in which an employer terminates an employee for cause or as part of a structural layoff, and the employee then files a high-dollar claim against the employer for unpaid wages.

Disputes Involving Corporate Control

Buffington Law Firm's Orange County business trial lawyers have handled numerous cases dealing with situations in which a minority shareholder wished to force the dissolution of a small corporation. The law provides several remedies to minority shareholders who are being victimized by negligent or abusive management. This situation is not uncommon in small corporations.

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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
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