First And Foremost, We Are Trial Attorneys
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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...