Blog2023-07-29T17:23:41+00:00

Contract Drafting and Review

September 13th, 2021|

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

Fraudulent Misrepresentation and Illegal Business Practices

July 8th, 2021|

The law in California prohibits certain types of practices that attempt to defraud or mislead consumers and others. False advertising, employing methods of price discrimination, predatory lending, amongst other violations can cause companies to be liable for punitive damages and other penalties. 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

Encroachment or Nuisance Concerning Your Real Property

May 18th, 2021|

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

Transactional and Trial Attorneys

April 16th, 2021|

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

Expert Contract Drafting and Review, Plus Representation in Lawsuits for Breach of Contract

February 11th, 2021|

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

COVID-19 Pandemic Threatens Continued Business Operations

December 17th, 2020|

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

Legal Issues Threaten Continued Business Operations

November 1st, 2020|

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

Dispute with Neighbor or Homeowner’s Association (HOA)

September 17th, 2020|

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

A Lawsuit for Negligence

August 18th, 2020|

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

Sexual Harassment, Wrongful Termination and Labor Code Violation Lawsuits

July 17th, 2020|

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,

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Whether you need a strong defense of your business interests or assistance with everyday issues such as contract review, Thaler law is here for you. To schedule a free initial consultation, call 866-271-5290 or complete our online contact form.

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