As we discussed last week, in the context of California trusts, misbehaving trustees and successor-trustees is a common problem with California living trusts. California law provides that at least initially, most trusts are not under any kind of court supervision. ...
First And Foremost, We Are Trial Attorneys
Trust Disputes
California Living Trust Litigation — Dealing with a Misbehaving Successor-Trustee by Court Action
By Roger J. Buffington, Esq. Buffington Law Firm's trust litigation attorneys are often assigned the task of taking court action to suspend or remove a trustee who is committing breach of trust. Under California law, once a trust becomes irrevocable a trustee or...
Has your former business partner started a competing business?
There are many ways for one business to unfairly compete with another. Sometimes the people running a business intentionally disparage another company in the same industry. They post false reviews online or tell exaggerated stories about poor service or faulty...
Can neighbors trim trees that are encroaching on their property?
In California and many other states, no one can enter your property to trim or remove your trees. It does not matter if your tree is blocking the view or shedding leaves on another property. As long as the tree is not encroaching on their property, your neighbors must...
Breach of Contract Lawsuits: Anticipatory Breach Situations are Tricky
Buffington Law Firm's breach of contract attorneys have often dealt with situations in which the client wishes to be relieved of performance under a contract because of either unforeseen circumstances or, more commonly, the belief that the other party has already...
Why people may sue when trustees refuse to make distributions
People create trusts to protect their assets or structure the inheritance received by beneficiaries. Trusts become the legal owners of the assets used to fund them. The trustee administering the trust must manage those resources and distribute them according to the...
Will your business be liable for one person’s actions?
Realistically, one individual's actions could potentially impact your entire business. For small misconducts, the effect may be minor. But sometimes, someone’s offense can put the whole business at risk. Whether it's a case of misconduct, negligence or even a simple...
Do you have a valid tortious interference claim?
Tortious interference is a common type of business tort. It happens if a third party purposefully undermines your business. Specifically, they cause trouble or interfere with your operations and damage your relationship with a partner, client or other similar party....
Three possible remedies for breach of contract
When you pay for a service from a specific person or business, the expectation is that they will deliver the work to your exact specifications, as agreed upon. When they fail to do so within the period on the contract, you may be eligible to file for a breach of...
Can I sue my business partner for breach of contract?
When forming a business partnership, involved parties create and execute a contract. A contract or agreement is a legal document detailing the scope of your business partnership, the rights and obligations of both parties and possible remedies when these...

