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30 01, 2017

WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

By | 2017-01-30T09:40:51+00:00 January 30th, 2017|Business Litigation, Contracts|Comments Off on WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

Introduction In settlement agreements, one or more parties may waive their right to pursue recourse against other parties to the agreement in return for some form of consideration, such as a payment of money. However, what if a party is unaware of certain claims they may have against the party they are releasing--could they then [...]

17 01, 2017

Considerations in Settling a California Dispute

By | 2017-01-30T09:34:32+00:00 January 17th, 2017|Business Litigation|Comments Off on Considerations in Settling a California Dispute

In a prior Blog Article published here Dec. 8, 2015 (“Filing a Lawsuit to Secure a Prompt & Enforceable Settlement”), we discussed the advantages of filing a lawsuit, even where you know from the outset that the other party will likely agree to settle, so you can use a “Stipulated Judgment”, under CA Code of [...]

20 09, 2016

California’s “Good Faith Settlement” Law: An Example From a Recent Case

By | 2016-12-14T11:04:55+00:00 September 20th, 2016|Business Law, Business Litigation|Comments Off on California’s “Good Faith Settlement” Law: An Example From a Recent Case

Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation.  But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit [...]

5 09, 2016

AN ODE TO HONESTY IN BUSINESS PRACTICES

By | 2016-12-14T11:11:14+00:00 September 5th, 2016|Business Litigation|Comments Off on AN ODE TO HONESTY IN BUSINESS PRACTICES

As a trial lawyer, there is nothing I enjoy more than an honest client with a righteous case.  Hallelujah!  So many people use lawyers as henchmen, to bully their enemies and competitors, with lies.  But when I have a client who has been cheated or harmed, and is truly a victim, a victim of lies!!!!....that [...]

11 08, 2016

CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

By | 2016-12-14T11:13:44+00:00 August 11th, 2016|Business Law, Business Litigation|Comments Off on CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”). The obligation to provide a prospective purchaser with a TDS is imposed on all owners of real property who enter [...]