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So far th_dev has created 38 blog entries.

Dispute with Neighbor or Homeowner’s Association (HOA)

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.

2020-09-18T10:59:21+00:00September 17th, 2020|

A Lawsuit for Negligence

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

2020-09-18T10:57:07+00:00August 18th, 2020|

Sexual Harassment, Wrongful Termination and Labor Code Violation Lawsuits

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

2020-09-18T10:54:17+00:00July 17th, 2020|

Partnership Dissolution/Corporation and Limited Liability Company Dissolution

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

2020-09-18T10:51:24+00:00June 16th, 2020|

Legal Oversight from Corporate Formation through Continuing Operations

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.

2020-09-18T10:48:03+00:00May 5th, 2020|

Transactional and Trial Attorneys

Transactional lawyers counsel individuals and organizations on the legal issues generated by their business dealings or personal activities. Litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes. 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. Contact Thaler Law Contact us at 714-869-2900 or online today for your free consultation.

2020-09-18T10:38:55+00:00April 14th, 2020|

Virtual In-House Counsel

As a business owner, there are many benefits to having an open line of communication with an experienced business attorney to review company contracts, address employment law questions and the like. Even if an attorney is not a constant presence in your day-to-day operations, legal issues are. 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. In-house attorneys are hired by companies  to handle a range of legal issues affecting the company, among them employment, policy, tax and regulatory matters. More prevalently, they play a managerial role, overseeing work that's been outsourced to attorneys at independent firms. However, having an in-house legal department

2020-09-18T10:35:40+00:00March 13th, 2020|

Contract Drafting and Review

Not every promise requires a contract. But even if you trust the other party, terms can still be forgotten or contested. In addition, the specific language of a contract and the terms within can be very important in enforcing the contract in the event of a breach. 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

2020-09-18T10:33:08+00:00February 12th, 2020|

Fraudulent Misrepresentation and Illegal Business Practices

Laws prohibit certain types of practices in an attempt to defraud or mislead consumers and others. False advertising, employing methods of price discrimination, predatory lending, and more can cause companies to pay punitive damages to plaintiffs. Since anyone can allege that they were the victim of a “fraud,” California law places a heightened pleading standard. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. This means that it is “[a] plaintiff’s burden in asserting a fraud claim…[to] ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was

2020-09-18T10:30:08+00:00January 11th, 2020|

Pros and Cons of a Partition Action

When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action.  Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint owners and creates separate and divided portions of the property. A partition by sale action (also known as “succession”) sells

2019-12-10T06:04:02+00:00December 10th, 2019|