You may have owned your business for decades or only for a year or two. Do you know what to do if a lawsuit arises? People in the know say that anyone who operates a small business may expect to face a lawsuit at least once in his or her career, and litigation can be...
Month: December 2018
Why Can’t I Get This Frivolous Lawsuit Thrown Out Before Trial? Part 3
In earlier Blog articles we discussed the difficulty in causing the Court to throw out meritless lawsuits before trial. Procedurally, the deck is stacked against the Defense when it comes to forcing the dismissal of meritless lawsuits. A Plaintiff can survive...
Living Trust Problem Trustees and Trust Accountings
Buffington Law Firm's trust dispute attorneys have been asked to solve many problems relating to misbehaving problem successor-trustees of revocable or "living" trusts. One of the most common problems with trusts once the trustors die and a successor-trustee takes...
Testamentary Capacity to Make a Trust under California Law
Buffington Law Firm's Trust and Elder Law litigation attorneys are sometimes faced with situations that deal with the issue as to whether a person has the mental capacity to make a contract or, alternatively, whether that person posesses testamentary capacity -- the...
Why Dynasty Trusts are Usually a Bad Idea — Dissolve that Trust!
Buffington Law Firm's California Trust Litigation attorneys have handled numerous cases involving so-called "Dynasty Trusts" as well as alternative forms of estate plans similar to these. A "Dynasty Trust" is an estate plan in which the trust does not simply...
Why Can’t I Get This Frivolous Lawsuit Against Me Thrown Out? Part 1
Buffington Law Firm's civil trial attorneys are probably asked this question more than almost any other by clients who have flimsy or groundless lawsuits brought against them: "Why can't I get this frivolous lawsuit thrown out before trial?" The question is, for many...
Why Can’t I Get This Frivolous Lawsuit Thrown Out? — Part 2
In Part 1 of this Blog article we discussed two common procedures for forcing pretrial dismissal of a lawsuit: the Demurrer and the Motion for Summary Judgment. We saw that the way the law operates plainly "stacks the deck" in favor of the Plaintiff with respect to...
Surprising facts you must disclose when selling your home
The buying and selling of residential real estate goes on at a dizzying pace in California. If you are about to put your home on the market, what do you need to tell a prospective buyer?From drainage issues to bedbugs, here are six types of disclosures that the...