Buffington Law Firm's Trust litigation attorneys often deal with situations in which our clients need to challenge a trust or a trust amendment. This is often a situation in which the client is, or was, a beneficiary of a trust, but somehow the trust was changed in a...
First And Foremost, We Are Trial Attorneys
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Ending a Case by Motion Rather than Trial: Difficult but not Impossible
By: Roger J. Buffington, Esq. People often ask Buffington Law Firm's litigation team to try to get a lawsuit "thrown out" before trial. Some lawsuits are outright frivolous. Not infrequently the people that our Firm represents are quite confident that a lawsuit in...
Breach of Contract Lawsuits: Mediation as an Alternative to Trial for Contract Disputes
By: Roger J. Buffington Buffington Law Firm's Orange County Breach of Contract attorneys handle cases involving actual or alleged breach of contract using a variety of different approaches. Generally, in a breach of contract lawsuit the best approach to achieving...
Business Litigation: Buffington Law Firm wins six-figure FINRA arbitration award against Interactive Brokers, LLC
By: Roger J. Buffington, Esq. Buffington Law Firm's business litigation and breach of contract attorneys recently won a resounding victory against Interactive Brokers LLC in a FINRA Arbitration action (Roger J. Buffington, Esq. and Rye Mhtar, Esq.). The case known as...
Trust Litigation: What is a Trust Contest and When to Bring One.
By: Roger J. Buffington, Esq. Buffington Law Firm's California trust litigation attorneys frequently are involved in either bringing or defending against trust contests. A "trust contest" is a situation in which a party brings a lawsuit seeking to nullify all or a...
California Trust Litigation — The Limits of the Court’s Equitable Powers
By Roger J. Buffington, Esq. In California trust litigation, unlike general civil litigation, by statute in almost all circumstances the claimant ("Petitioner") is not entitled to a jury trial and instead the case is decided by the Probate Court and judge. The judge...
California Living Trust Litigation — Isolation as a Factor in Undue Influence
By: Roger J. Buffington, Esq. Buffington Law Firm's Trust litigation attorneys have often litigated cases involving issues of undue influence. We discuss undue influence in several articles on our Firm website. California Welfare and Institutions Code section...
Challenging a Trust Provision While Trustor is Alive — It May Be Possible
By Roger J. Buffington, Esq. One of the problems that beneficiaries of California Living Trusts sometimes face is a scenario in which the trustmaker ("Trustor") is still alive but is known to be very weak of mind, possibly incompetent. The fear is often that someone...
California Trust Litigation — Undue Influence Forcing Trust Amendment Can Constitute a Claim for Financial Elder Abuse
By Roger J. Buffington, Esq. Buffington Law Firm's trust litigation attorneys often handle cases involving claims where a party alleges that someone committed undue influence against another person to cause that person to alter his or her living trust to favor the...
California Trust Litigation: Getting Court Action Before Trial in Trust Petition Cases
By Roger J. Buffington, Esq. When a trust litigation case is underway it is notorious in California that it may take quite a while for the Court to get around to actually having a trial in which the Court decides all of the issues in the case. Court dockets are...

