Category Archives: Litigation

Win Your Real Estate Lawsuit With Interlocutory Judgment

  • Nov 1 2016

It’s not unusual for family relatives to co-own real estate: parents leave the family home to all their offspring as investment property, or siblings pool their inheritance from a deceased parent and purchase investment property. But then time passes, and eventually, there will be a sibling who does not wish to co-own property with her siblings any more. Or one of the co-owners is unable or unwilling to contribute financially to upkeep, taxes or...

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Wage and Hour Settlement Needs Court Approval

  • Oct 13 2016

By: Kathleen Smith, Esq. When the volleys of accusations and defenses have played out in litigation, parties usually agree to settle their lawsuit. Typically, litigants are free to negotiate a mutually agreeable—and mutually disagreeable—settlement without involving the court other than to file a Request for Dismissal. But in a PAGA case, the parties must obtain a court order approving settlement of Plaintiff’s penalty claims. The Labor Code “Private Attorney Generals Act”...

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Oral Contracts & The Statute of Frauds- Is The Agreement Binding?

  • Sep 26 2016

By Ted Schneider, Esq. There is a widespread misconception that verbal contracts are unenforceable.  A contract made orally with another party, without embodying the particular terms in a signed writing, can still be valid and binding. However, without a signed writing, any disagreement between the parties concerning the deal terms will create multiple problems for both parties. In order for a court to enforce a verbal contract, each party will have to try to prove...

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Schneiders & Associates, L.L.P. Welcomes Experienced Litigation Attorney Georgianna Pennington Regnier to the Firm

  • Jul 8 2016

Ventura County business law firm Schneiders & Associates, L.L.P. welcomes attorney Georgianna Pennington Regnier to the firm. Georgianna practices in the areas of business and civil litigation, employment law in State and Federal courts and in administrative forums with an emphasis on Federal Civilian Employees. Georgianna will be joining Attorney Kathleen Smith at Schneiders & Associates, L.L.P., in the firm’s litigation practice. Kathi comments on the expansion of the firm’s litigation team, “I am...

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Common Lawsuits Brought Against Small Businesses

  • Jun 17 2016

By Ted Schneider, Esq. It is impossible to predict every lawsuit that a small business might possibly face. There is nothing to prevent angry vendors, entitled customers, or disgruntled employees from filing a lawsuit, even if there is no legitimate basis for it. The more a business owner delegates responsibilities to employees, the greater the risk that an employee makes a mistake and exposes the business to a lawsuit. Even the most vigilant, hands on business...

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Mediation, Litigation and Arbitration

  • Jan 12 2016

By Kathleen J. Smith Arbitration is Alternative Dispute Resolution, “ADR”. It is similar to Mediation, except Arbitration results in an award imposed by a neutral decider, whereas Mediation results in an agreed-to settlement often designed by the neutral but thoroughly adopted by the disputing parties. Both ADR methods work because they are based on agreement of the disputants: Arbitration starts because the parties made an agreement to be bound by the decision of the...

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Choosing a Litigation Attorney

  • Mar 18 2014

By Kathi J. Smith, Esq. If circumstances have required you to get involved in litigation, you may find the process of selecting an attorney to be overwhelming. There are, however, some steps you can take to make the selection process a bit easier. First, you should consider hiring someone with significant experience in your type of case. If you have a real estate dispute, consider hiring an attorney who has knowledge and experience in...

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Protecting Your Business through Tactical Electronic Evidence Management

  • Nov 5 2013

By Kathi J. Smith, Esq. Email, intra-office messaging and digital image transference are hardly new concepts. Do you realize the long-term implications of this style of free-flowing communication, particularly in light of litigation and e-discovery requests? If you are a business owner either engaged in litigation or preparing for possible conflict in the future, one of the best strategies for your company is to implement and maintain an electronic evidence policy for employees. Too...

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Deposition Do’s and Don’ts

  • Sep 17 2013

By Kathi J. Smith, Esq. Matters that are subject of litigation are ultimately decided on facts and the applicable law. We uncover those facts by “discovery.”  There are many tools in the discovery toolbox. A deposition (questioning of a party or witness under oath, often referred to as a “depo”) is one of the most powerful tools. At the start of the proceeding, the judge sets a date by which depositions are to be...

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A Stitch in Time … Strategies to Prevent Business Litigation

  • Apr 1 2013

By Roy Schneider, Esq. A lawsuit can damage more than just the bottom line of your business. In addition to costing money that could be put to better use, a lawsuit is also an unwelcome distraction for the owner, managers and employees. It can also do irreparable damage to business relationships and reputation. It may not be possible to avoid any and all legal conflict during the life of your business, but by considering...

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