When a loved one dies in Orange County, it is not unusual for family members to argue and disagree over the possessions and assets that person left behind. Though there may be a will and trusts in place to ensure the smooth transfer of ownership to other relatives, those documents are not always enough to prevent disputes. One common reason for estate disputes to arise involves undue influence.
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.
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.
