Category Archives: Litigation

Kathi Smith Featured in Attorney At Law Magazine

  • Feb 8 2019

Attorney Kathi Smith’s article, “Prevailing Party Attorney’s Fees” was recently published in Attorney at Law Magazine! Prevailing Party Attorney’s Fees By Kathleen J. Smith When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be unreasonable in relation to the services performed. If the opponent’s case was over-lawyered, if  fees are block-billed, if clerical tasks are included in the...

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Prevailing Party Attorney’s Fees

  • Sep 28 2018

By Kathi Smith When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be reasonable in relation to the services performed. If the opponent’s case was over-lawyered, if  fees are block-billed, if clerical tasks are included in the billings, then their Motion for Award of Attorney’s Fees can be attacked. Your attorney could ask the court to recalculate the...

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Umbrella Insurance: What It Is and Why You Need It

  • Feb 5 2018

Umbrella Insurance: What It Is and Why You Need It Lawsuits are everywhere. What happens when you are found to be at fault in an accident, and a significant judgment is entered against you? A child dives head-first into the shallow end of your swimming pool, becomes paralyzed, and needs in-home medical care for the rest of his or her lifetime. Or, you accidentally rear-end a high-income executive, whose injuries prevent him or her...

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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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