As a real property owner, you need to actively protect your real property and ensure that no one infringes on the rights established by your real property ownership. Two of the most common issues that property owners face is Encroachment and Nuisance. The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise. This can quite often happen mistakenly because of unclear property boundaries, but it is important to address because it could significantly affect the value of your property. A private nuisance occurs when the plaintiff’s use and enjoyment of his or her
Transactional lawyers counsel individuals and businesses on the legal issues generated by their business dealings or personal activities (i.e. contract drafting and review). Civil litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. Trial lawyers manage all phases of litigation from the initial investigation, court filings, and discovery through the pre-trial, trial, settlement, and appeal processes. Most law firms only handle one or the other. We are a law firm that handles both. Our firm has significant transactional and trial experience. For that reason, clients seek our advice on a wide range of transaction and civil litigation issues, without having to deal with multiple attorneys. Contact Thaler Law Contact us by phone at
Thaler Law offers expert contract drafting and review. In addition, if you are involved in a lawsuit concerning a breach of contract or a business dispute, Thaler Law offers experienced litigation representation. California Civil Code section 1549 provides that “[a] contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” Robinson v. Magee (1858) 9 Cal. 81, 83. California Civil Code section 1622 provides that “all contracts may be oral, except such as are specially required by statute to be in writing.” Evidence of a contract
COVID-19 Pandemic Threatens Continued Business Operations The COVID-19 Pandemic has affected everyone, and it has also had a drastic effect on small businesses. Whether you're in the initial stages of your business or already well established, the COVID-19 Pandemic may threaten your continued business operations. If this occurs, there are many looming questions such as: Can I terminate my commercial office lease? How do I dissolve my corporation/LLC? How do I properly terminate any active employment or vendor contracts? How do I handle outstanding litigation against me and/or the company? Contact Thaler Law Business legal issues caused by the COVID-19 Pandemic are complicated, and there are many challenges to the legal process. Contact an experienced business attorney from Thaler Law
November 1, 2020 Legal Issues Threaten Continued Business Operations Whether you're in the initial stages of your business or already well established, legal issues may threaten your continued business operations. Legal issues come in many forms: demand letters from an attorney representing a former employee; lawsuits filed against you/your company by former clients and/or business partners; and subpoenas and/or demands to cease and desist from governmental agencies or others—just to name a few. Contact Thaler Law Business legal issues are complicated, and there are many challenges to the legal process. Contact an experienced business attorney from Thaler Law who can help you understand your legal rights regarding your case, and what your next best steps should be. Contact us at
If your Neighbor or Homeowners’ Association has overstepped, infringed on your property rights, or is treating you unfairly, you have the right to fight back! A private nuisance occurs when the plaintiff’s use and enjoyment of his or her property are obstructed or interfered with because of the actions of another. These cases generally involve a neighbor or nearby occupant doing something that interferes with the plaintiff’s use of their own property, but an HOA can also be liable for nuisance.Examples of a public nuisance may involve: a neighbor polluting the soil; selling drugs next door; or hoarding animals causing foul odors and health hazards. In California, a private nuisance provides for a cause of action for the injured party.
Did you know? There are many instances where negligence can occur, but we are here to represent you regardless of what causes it to occur. “Negligence” is an action or failure to act by a defendant who owes a duty of care to a plaintiff. A person’s duty of care depends on the relationship between the individuals involved. But under this definition, a “relationship” can exist between two people who don’t even know each other. Here are examples of different types of individuals and their duty of care: 1] Child care provider Has a duty to keep children safe and healthy in their care. 2] Store owner Has a duty to keep premises clean and in good condition so that
As a business, a lawsuit filed against you by a current or past employee catch you off guard. Whether they're allegations of wrongful termination, verbal harassment of a sexual nature or labor code violations, we're here to ensure you receive the best representation possible. Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Briefly, sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex. Under California law, the offensive conduct need not be motivated by
There's a rise of divorces this pandemic, and so, too, are business divorcers on the rise! Partnership dissolution refers to the termination of a partnership as well as the cessation of its various business activities. ... When a partnership dissolves, the partners share equally when it comes to profits and gains; however, they also share equally in the distribution of losses as well. Dissolution of a Corporation is the termination of a corporation, either a) voluntarily by resolution, paying debts, distributing assets, and filing dissolution documents with the Secretary of State; or b) by state suspension for not paying corporate taxes or some other action of the government. The rights and responsibilities regarding the dissolution of a corporation is generally
From the initial stages of your business—generally corporation formation or limited liability company registration--to legal disputes that may threaten your continued operations, you have us on your side. We are not a law firm that focuses only on transactional matters, we also come with a significant amount of trial experience. For that reason, clients seek our advice on a wide range of transaction and civil litigation issues. We make it our business to be knowledgeable about how our clients’ businesses work, as well as the activities that expose them to potential legal disputes. Contact Thaler Law Contact us at 714-869-2900 or online today for your free consultation.