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 Demurrer merely by alleging facts, even improbable "facts" of dubious veracity. Motions for Summary Judgment are easy to defeat and hard for the moving party to win as a matter of law because defeating the motion requires only a slight controversy concerning key facts. These Motions, particularly Summary Judgment motions, are expensive to bring. So the question becomes: what can best be done to force the earliest feasible and successful conclusion to a meritless, frivolous, or extremely weak lawsuit.
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 cases, understandable. It is far from uncommon that a plaintiff files a lawsuit against a defendant when the lawsuit is weak on the law and even weaker on the facts. When this happens the person being sued needs an attorney and, understandably, demands action. No one wants to be entangled in a lawsuit as a defendant one second longer than necessary.
Buffington Law Firm's practice areas encompass business litigation, real estate litigation, and trust/estate/elder law litigation. We also handle assault-and-battery lawsuits. Our Firm is experienced in handling jury trials, arbitrations and alternative dispute resolution forums such as mediations. If you believe that you have a meritorious lawsuit within our Firm's practice areas, or if you are being sued, Buffington Law Firm will always offer a free, in-office consultation to discuss your case. The process for this is very straightforward. When you first telephone us, you will speak directly with a qualified attorney who will review the basic nature of your legal problem. So long as it appears that your case is one that falls within our Firm's areas of expertise we will then invite you to make an appointment to come to our office, with relevant documents where applicable, for a free consultation with one of our senior attorneys. In this meeting we will discuss and examine your case in more depth.
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.
Whether you have a great relationship with your neighbors, neighbor issues tend to arise over time. One of the most common issues is encroachment.
Home associations are often far more powerful than many home owners realize. Part of the reason is that local governments have gradually given HOA's increasing regulation and authority over the sewers and streets in your neighborhood. This may help the city government save money, but it also leaves you at the mercy of the HOA, with fines, fees, and other punitive measures.
You find yourself involved in a dispute over your property, and you want a resolution that will maintain and enforce your ownership rights. You've heard that many people choose mediation over litigation and you're wondering if that's the right option for your situation. While an attempt to negotiate is almost always a good first step, there are reasons why litigation may be necessary to obtain the outcome you want. To understand why, you first need a working knowledge of the difference between mediation and litigation.
Buying a home is one of the most important financial decisions most people make. While homes often require some form of upgrades or replacements, if a home has serious defects, it is the seller's responsibility to disclose this information. Most states have laws requiring sellers to disclose all important material facts about a home, including any known defects. California has some of the most strict requirements for disclosures in real estate transactions. There is specific section on standard California real estate forms where the seller is supposed to make disclosures. When a seller fails to disclose material defects that affect a property's value, this is known as nondisclosure. In these cases, the homebuyer may be entitled to compensation for the defects discovered.
Buffington Law Firm's business litigation attorney team has dealt extensively with cases in which the Statutes of Limitations is a critical issue. The Statute of Limitations can often bar what would otherwise have been a strong and meritorious claim. One of the heartbreaking things that happens all too often in our business, trust, and real estate litigation practice is that we are contacted by a client who has been defrauded or victimized in some way. Once we arrange for the client's free legal consultation and examine the evidence in more detail, it turns out that the claim is several years old, and incontrovertibly barred by the applicable Statute of Limitations. There are few things less pleasant than having to tell a potential client that while he or she absolutely had a meritorious claim, that due to the client's delay the lawsuit cannot be effectively brought. On the other hand, many times Buffington Law Firm's business attorneys have successfully defended a client based upon the Statutes of Limitations. We recommend that you review our Article: What To Do if You Have a Legal Claim.
In last week's Blog article we discussed the basic nature of real estate encroachment disputes. In this week's article we discuss the law governing such disputes in more detail. Buffington Law Firm's real estate trial lawyers recommend that if you are involved in a real estate encroachment dispute that you not take action yourself without legal advice. These disputes can be both emotional and tricky, and good legal advice can prevent escalation of the dispute and also avoid further legal problems.