Ezer Williamson Law strives to understand its client’s specific needs and goals to identify appropriate forms of dispute resolution that will avoid litigation while being prepared to prosecute cases as necessary and proper.
This week’s McGeorge ASAP features a case review performed by a third-year student as part of the McGeorge Alternative Summer Advantage Program – which allows students to develop research and writing skills within a natural legal setting.
Real Estate Litigation
Real estate litigation refers to any dispute regarding the purchase or sale of land or buildings, their encumbrance by liens and mortgages, or who owns them outright. Suits against owners, developers, contractors, or real estate agents can be filed by property buyers who fail to disclose defects that affect value and safety; for example, when their agent fails to reveal known or undeclared defects that significantly lower value compared to previously advertised.
Real estate litigation often includes investment fraud cases. Investors can be defrauded from their principal investments through fraudulent deed transfers, promissory notes, illegal rent collection practices, or other unlawful practices; some investors even fall prey to Ponzi schemes which promise high rates of return only to vanish without delivering on these promises later on.
Ezer Williamson Law’s attorneys are highly skilled at representing commercial and residential property owners, buyers, sellers, developers, lenders, landlords, and tenants in various real estate disputes. Our approach considers each client’s specific needs and goals while considering all forms of dispute resolution possible. However, we stand ready to prosecute the case when necessary.
Commercial Lease Disputes
Commercial leases can be complex legal documents with many ambiguous provisions that often cause tenant disputes. Such disputes could include rent increases, maintenance responsibilities, assignment rights, and early termination options – though most issues can be quickly resolved through clear communication and careful document review.
As lease agreements can have significant financial ramifications over their lifespans, it’s wise to seek legal advice when entering commercial lease arrangements. Consulting an expert early can ensure your contract is drafted correctly and lessen the chances of litigation later on.
Even the best-drafted contracts can lead to disputes. One example would be over standard area maintenance (CAM) charges, as landlords may attempt to pass these on through rent or use complex calculations complicated for tenants to comprehend.
Additional issues associated with commercial lease agreements include vague language and poorly drafted terms. A clause about how tenants may use the property could be open to interpretation, potentially hindering growth in the future or restricting an advertising opportunity desired by one party or both parties involved. These disputes can become costly for all involved and should be dealt with quickly by legal representation.
Business Contract Disputes
Business owners who contract with other businesses for materials, equipment, and services often disagree over the terms. This dispute often centers around something one party has not done as described in their contract or has failed to perform as agreed.
When filing a breach of contract claim, it’s wise to consult a lawyer as soon as possible. Sometimes court is necessary, but an experienced attorney can often help clients resolve issues through mediation or arbitration.
Business owners have numerous responsibilities and obligations under both state and federal law. When faced with potential litigation regarding wrongful termination, non-competition agreements, or violations of privacy rights of your employees, they must consult an experienced lawyer like Ezer Williamson to defend their rights and advance their interests. We tailor each recommended strategy based on each client’s goals while remaining cost-effective.
Construction Defect Claims
Construction defect claims arise when problems in a construction project affect the elements or overall structure. They may take years before becoming evident, yet California offers robust laws and case law protections against this form of litigation.
Construction defect claims can be filed based on various legal theories, including breach of contract, negligence, fraud, and misrepresentation. When defending these claims successfully, an extensive analysis must be completed on all contracts, subcontracts, and agreements, as well as potential mechanics’ liens, view preservation concerns, insurance coverage concerns, or title disputes arising during their defense.
Many times a construction defect claim combines contract and tort remedies. Depending on the circumstances, contractors may only be eligible to recover contractual remedies or prohibited from recovering economic loss damages in tort – particularly regarding materials like drywall and asbestos that fall under the financial loss rule. Hiring an attorney with extensive knowledge of these issues is vital when defending such claims; such an experienced legal representative can assist with filing the necessary notices and inspections as required by statutes.
Insurance Disputes
Ezer Williamson Law guides clients when they are embroiled in complex insurance disputes. Our firm takes a personalized approach to litigation that considers each client’s needs and goals and will consider all forms of dispute resolution, such as mediation and arbitration, before being fully prepared to try cases in court when needed.
Whether it’s an insurance claim or lawsuit, we strive to find early and satisfactory resolutions to save both time and money for our clients while effectively protecting their interests.
Sam OSTAYAN, Plaintiff and Appellant. In the instant action, Ostayan alleges that the Association breached fiduciary duty and negligence by failing to notify him of its dispute with an insurer. Regardless of his arguments, however, their actions were consistent with governing statutes and CC & R’s. Furthermore, had Ostayan been curious about any Association insurance matters, he could have exercised his right to inspect records or contact one of its directors – something which he failed to do and, therefore, cannot claim relief.
Trust Litigation
Failure by trustees to fulfill their responsibilities under a trust can pose significant problems for beneficiaries, particularly when mismanagement or deceit is attempted to be concealed with excuses; however, New York law does not permit such trustees from benefitting from ignorance of their legal responsibilities.
Misdeeds that could trigger trust litigation include:
Under certain conditions, beneficiaries may also challenge a trustee’s right to disburse assets according to the guidelines established in a trust document. Reasons behind such disputes could vary; perhaps, for instance, a settlor who created the trust wasn’t mentally capable; such claims could include undue influence or elder abuse claims.
At Ezer Williamson Law, we prioritize understanding our client’s needs and goals before creating a strategy for their case. This allows us to reach an early resolution of disputes. In addition, our attorneys are well versed in alternative dispute resolution techniques such as mediation and arbitration that help save time and resources while protecting clients’ rights fully.
Wrongful Termination
Wrongful termination occurs when an employer fires an employee violating the law or their employment contract, leading to many reasons wrongful termination claims can be filed for. Common types include discrimination, retaliation, breach of contract violations, and violation of public policy violations. Discrimination claims typically involve firing someone because of race, gender, religion, sex, or disability issues. Retaliation claims often follow complaints regarding discrimination or harassment as well as lawsuit participation; filing worker’s compensation claims; reporting violations, or refusing participation in prohibited activities or reporting violations on such activities – thus giving rise to claims for compensation claims that can result in lawsuits being filed by workers themselves against employers who do not comply with employment law regulations or public policy violations being filed against.
In wrongful termination cases, employees may be eligible to claim compensatory and punitive damages as compensation and deterrence measures, respectively. An injured party could also seek reinstatement, back pay, front pay, emotional distress damages, attorneys fees, and compensation damages. Litigating these types of cases can be complicated; to see how Ezer Williamson Law can assist, contact them today; their initial consultations are free!