Breach of Fiduciary Duty Claims

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Breach of fiduciary duty cases requires careful analysis of all the facts and analysis whether you are a beneficially who want to raise this claim, or you are facing allegations of breach of fiduciary duty. Either way, we have attorneys who will take a principled approach towards serving your needs.

There are hundreds of ways in which a fiduciary may breach the duties correlative to their status. This includes;

· Mismanaging, or misappropriating assets within an estate

· Negligence when it comes to timely reporting to beneficially or other interested parties including the court

· Not honoring the contents of trust, will or power of attorney

· Abuse of compensation

· Failing to help mediate disputes

· Conflict of interest

· Failing to act to actions such as failing promptly to liquidate stocks or bonds and much more

Many at times, these claims involve a fiduciary who is unaware of his or her responsibilities. However, such should not be an excuse and won’t hold especially for co-operate related fiduciaries. Whether you need to bring up a claim against a fiduciary of you have been named in a lawsuit, it is more than important to get an experienced attorney. We encourage that you seek legal guidance from Von Esch Law Group fiduciary duty attorney right away.

We will help you adhere the standard required and answer all questions you have about how to perform your duties correctly and advise you on the way forward when an issue arises concerning beneficially rights. We will also help you follow direction related to administration of an estate, and we will make sure that you are able to fulfill all your duties related to reporting and keeping interested parties reasonably informed.

If there is a conflict of interest when you are named as a beneficially to an estate, we will help you avoid or deal with any accusations of breach of fiduciary duty claim. We can also help challenge executor compensation if or when an executor or a trustee fails to perform his or her duties. Our attorneys can also handle breach of fiduciary duty claims in other legal ‘arenas’ such as civil litigation between directors, officers, partners, and shareholders.

We understand how the impact on such a claim will affect you, and we always take decisive action to protect your reputation your business reputation and profitability. We also strive to maintain family relationships if desired or when it possible.

Considerations for Starting a Small Business

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When looking to start a small business in Orange, you want to make sure to familiarize yourself with the basics of business law in order to choose the best kind of entity.

The central components of corporation and business law include commercial enterprises carried for profit, as compared to an entity whose purpose is not to make money, a non-profit.

The simplest form of commercial enterprise in American Law is a sole proprietorship. In a sole proprietorship a single person owns all assets, is responsible for all liabilities, and personally runs and operates the business, they are in charge of and responsible for all aspects of the company.

A partnership involves two people working jointly to run, operate, and profit from a business. They are also both legally responsible for the company.

A corporation usually has the distinction of being treated as a single entity, separate from its stakeholders, when participating in any legal action. This means shareholders who own certain rights will not be treated as liable in any legal actions taken.

Corporations and business entities must be organized and operated in accordance with the state law. In the fields of taxation and business regulation, federal law is also important. All corporations and business entities must follow both state and federal law, dealing with taxes and other regulations.

On the other hand, non-profits are companies and businesses whose sole purpose Is not to make money, but to contribute to some positive cause. Because of this they do not have to act in the same sort of accordance with the law as for-profit businesses. For example, a lot of non-profits are tax-exempt. Although they are treated differently, non-profits are still regulated and help up to standards by state and federal law.

Limited Liability companies and partnerships have a lot of similarities of sole proprietorship, partnership, and corporations. However, limited liability companies and partnerships are different I the sense that they have “limited liability and management” with their partners, members, and managers. These kinds of businesses are authorized in most states.

Choosing the best entity for your new business involves a lot of consideration of both legal and business questions. Most businesses use lawyers, accountants, and entrepreneurs to handle these matters appropriately, effectively, and efficiently. And in addition, this outside help can be beneficial in the long-run conduct and operation of commercial enterprises and corporations of any type.

The excitement, innovation, and rush of starting a new business can be so overwhelming and consuming, but it is important to take the time to consider these simple decisions that will greatly affect your relations and dealings with business law. If you are looking to start a business in Orange, or anywhere, make sure you look into getting a business attorney to help you efficiently throughout the process.

Breach Of Construction Contracts

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Parties involved in construction projects rely heavily on construction contracts to establish the terms of the agreement between the construction company and the project owners. Both parties are obligated to perform their commitment as it is set forth in the contract. A breach of contract occurs when either party fails to perform their responsibilities as provided for in the contract.

Often, an attorney with experience in construction contracts can negotiate a resolution of the breach. This process is most effective when the construction contract is written properly, meaning that it includes language that protects both parties and a means for resolving disputes short of litigation.

Hostilities that develop between the parties can often be prevented by the language of the contract that is very specific about the responsibilities of each party. Ambiguous contract language can lead to disputes.

However, regardless of the contract language, there are remedies provided by the law for breaches of the contract. Either party can sue for damages which are usually an amount of money that compensates for the financial loss resulting from the contract breach including delays that are a violation of the contract. A contract is breached when one party causes the other party to fail to achieve the results they were promised in the contract. While oral contracts can be enforced when breached, it is more difficult to do so than it is with written contracts. All construction contracts should be in writing.

Different types of damages may apply when a contract is breached, and the damages are provided by the legal remedies available to the breached party. Our office can advise you about which of the allowed damages will apply to your situation. California law provides for the appropriate compensation in cases of a breach of contract, but litigation filed in pursuit of damages must specify correctly the type of damages sought.

California law remedies do not include compelling the offending party to prevent a breach, but rather the law is aimed at providing relief to the party harmed to redress the breach. Since the law in this area is complex and several remedies can be available, an experienced construction contract law attorney should be involved in any effort to litigate the issues.

A statute of limitations applies to breach of contract lawsuits. This is the deadline for filing a lawsuit. The statute of limitations in California for a written contract is four years from the date the contract can be considered to be broken.

Defective Product Claims

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Product liability occurs when a manufacturer, distributor or retailer produces or sells defective products to the public that cause harm to a person. This is a general description of product liability, and the details about how product liability can be asserted follows.

If you have suffered injuries due to a defective product, then you have the right to file a product liability law suit against the manufacturer, distributor, or retailer. Keep in mind that filing a personal injury claim of this kind can be difficult because you must establish that some very specific factors regarding the product caused it to be defective. An attorney experienced in product liability claims can determine if these factors, known in legal terms as elements, existed:

> You have sustained an injury while the product was being used in a reasonably foreseeable way; and
> The product defect caused your injury.
> The product created an unreasonable hazard.
> Inadequate warnings or failures to warn are determined.
> A manufacturer markets an item knowing that it is going to be used without an inspection for defects and the item proves to have a defect that results in harm to a person.

You will not have a claim for damages if you were using a product in a careless manner. However, you might have a claim if you used a product in a way that was not specifically described in the product literature and you suffered an injury from doing so. This is a difficult claim to establish, but if the manufacturer did not warn against any specific usage, then you may be able to file a claim for damages. This is also a difficult claim to pursue, but we can discuss this and any other potential claim with you.

California has the strict liability rule which means that you do not have to prove that negligence in ensuring the safety of the product has caused your injury. This means that you only have to prove that your injury was caused by a product defect. While the strict liability rule is an easier standard to meet, it does not mean that a claim for damages will be met by less than an outright aggressive response from the defendant company. Product liability waters are difficult to navigate, but our attorneys are more than capable of meeting any challenge confronted in pursuit of your just compensation.

Every document pertaining to the injury should be retained along with photographs of the injury. Keep information about the product such as the instructions and the manual. Medical records are important. Keep in mind the statute of limitations allow one year to file your claim. The one year time line begins with the date you realize you have suffered an injury.

What Is Defamation Of Character?

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Defamation is an all-inclusive word for statements that damage a person’s reputation in the community. Defamation that occurs in the written form is called “libel,” and defamation that is spoken is called “slander.” Defamation is not a criminal wrong, but it is a civil wrong known as a “tort” in the language of the law.

California defamation law requires that the victim must prove that the alleged act of defamation meets the following criteria before they can sue for damages:

> The statement must be published meaning that a third party saw or heard the statement. The term published does not mean that the statement was printed in a book. It means that the statement was made public by either the electronic medium or some type of printed medium and it tends to lower the reputation of the victim in their community.

> The statement must be false, and it must be proven to be false. The statement must be made as a fact. An opinion cannot be considered false because opinions cannot be proved to be objectively false.

> The statement must be injurious. Defamation law requires that the victim prove actual harm such as the loss of a job, being treated rudely by neighbors and friends because of the statement, or that they suffered from false press reports that were based on the statement. Proving falsity is a complex matter and the advice of an experienced attorney should be sought.

> There should be no doubt in the mind of the average person that the statements refer to the victim.

Most witnesses are protected from a law suit. Statements made by witnesses who make a false statement in court or during a deposition cannot be sued for defamation. The law protects a witness because fear should not constrain them.

Defamation is an act of libel if the defamer published a defamatory statement about a person in a written or another form, and other people became aware of the statement. The law does not impose any other criteria because it is assumed that when a defamatory statement has been made in a written or other form, it will remain injurious for a long time. Again, this is also a complex matter and the advice of an attorney should be sought.

A private person who is defamed has more protection than public figures have. A private person who is suing for defamation can prevail without having to prove that they were defamed by a person acting with actual malice. This means that the defamer can be sued if they have failed to check the accuracy of their statement and acted in an otherwise negligent manner.

It is essential that proving defamation in California must meet the above elements or criteria by a preponderance of the evidence. This means that the evidence shows that it is more likely than not that each element or criteria is met.

Defamation of character is a complex principle in California law, and it is essential that an attorney reviews each fact that tends to support a claim of defamation.

Are You Being Discriminated Against Due To Your Disability?

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A resident of California who believes that they have been treated differently by an employer because of their disability or a perceived disability can take legal action to protect their rights and to receive monetary compensation for a wrongful act of discrimination. Residents of California have the ability to pursue their claims under California’s anti-discrimination law or the federal Americans With Disabilities Act (ADA). It should be noted that the California law is written and often interpreted more broadly than the federal law.

The state law on disability discrimination differs from the federal ADA in several ways. The state law provides for broader definitions of all types of disabilities and there is no requirement for a substantial personal limitation for a major life activity. The California law definitions include not only physical disabilities but also mental disabilities and a medical condition that limits life activities. The degree of limitation is not important.

Anyone who believes they have experienced disability discrimination should consult an attorney who can assess their claim and determine whether action should be filed under state or federal law. Both laws are complex, and the disability limitations can be difficult to understand and apply to an individual situation.

However, both laws prohibit discrimination against a person in many aspects of employment and the employment process becauseof a mental or physical disability. It is against both disability laws to discriminate in recruitment, hiring, firing, preferential job assignments, training opportunities, pay, promotions, employee benefits, personal or medical leaves or any other activity or action related to employment.

The discrimination laws do not end with employment practices. An employer who fails to maintain a workplace that is free of barriers to the mobility of disabled employees is in violation of the state and federal laws. Harassing an employee with disabilities because of their disabilities is also prohibited under state and federal laws. Disabled employees are to be provided with accommodations that will help them perform the requirements of their job. A person cannot be discriminated against because they are related to or associate with anyone who is disabled.

The term “disability” embraces a broad range of physical and mental conditions, and the laws are specific in the proof required to substantiate a disability. Both laws emphasize that the term disability must be interpreted broadly and specifically in defining the meaning of “substantially limits.”

While the state and federal laws liberally define many matters relating to discriminating against a disabled person, it is essential that an attorney be consulted if you believe you have a claim. It is also important that you act quickly because action is time limited.

How Can I Prepare Myself for a Custody Battle?

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If you are looking to regain custody of your child/children, there are many steps you could take to improve your chances of doing so. There are also a few key tips about the California divorce process that will make you feel better prepared and informed for your custody proceedings.

First Step:

Choosing the best family law attorney you can afford is first and foremost the best way to start your journey. You will get the most knowledgeable and experienced help possible!  Hiring the right attorney could mean the difference of getting what you wanted or getting nothing at all. Some advice: You don’t want to slack off any of this process when your children’s future is at stake!

Second Step:

This may sound cliché, but keeping a journal and documenting this journey could benefit you greatly. Here are a few things you’re going to want to keep track of:

• How much time you spend with your children
• What activities you are all involved in
• How much time the other parent spends with the child/children
• Note the time the other parent is gone, when they go to work and come home, and when they travel out of town
• Note any negative remarks, threats, arguments, profanities, or any other behavior that would impact custody

It would be in your best interest to keep track of the past six months to a year. Make sure you write down everything you have done, as well as, everything the other parent has done. Be sure to be ready to prove you are an active and involved caretaker, and that you deserve custody of your children. Bringing photos or an album of your child being happy in your care could only help your situation.

Third Step:

Showing that you are well established and are able to provide for your child/children is important. Make sure the court is aware of the fact that you:

• Have a job and a place of residency
• Have already been preparing for school and child care
• Have community ties through extracurricular activities, volunteering at school, involvement in your neighborhood, etc.

Be prepared to show why the other parent is not capable of providing for the child properly. It might help to find people who would testify about problems with the other parent’s inadequacies.

Do not leave the family residence until you have a custody arrangement in place.

Do not leave the family residence without a court order or written agreement if you are planning to move out, even without the children. A written agreement needs to set the custody arrangement to start once you have left home.

Full Custody and Over-Night Visitation

Both custody and visitation are decided in court on what is in the child’s best interest. Although it is best for the child to have strong relationships with both of the parents. If this is a civil separation and there isn’t any negativity with your ex, there is no reason he or she can’t have overnight visitation.

Questions for Your Attorney

As you go through this custody process, be sure to ask your attorney all the right questions. Here are a few you should ask:

• What factors are important in gaining temporary custody of my children?
• What are the consequences of moving out of my house and giving temporary child custody to the other parent?
• If I lose temporary child custody, what should I do to gain or improve my situation and get a better permanent custody arrangement?

The Equitable Division Of Property And A Business

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The Von Esch Law Group prides itself on its unique expertise and experience in matters of property division and the division of other assets. Our business valuation process is handled by our in-house business and real estate department which can provide valuable insight into the many complexities of business and property division. Our experts include highly qualified investigators, appraisers and forensic accountants and these experts are a formidable team when working to achieve the best interests of our clients.

We know that many factors are involved in assessing the character of a property and the property’s current value. The complexities of this process include but are not limited to:

-The origin of the property or the business (Is the property separate or community property?)

-The valuation of the property and the busienss.

-Ownership agreements and structure

-Accounting practices

-The business type or class

-The existence of a breach of fiduciary duty

-The existence of Prenuptial and Postnuptial agreements.

The primary factors in assessing the value of assets are designed to:

-Achieve an equitable division of property and a business.

-Determine property and business buy-outs.

-Protection for our clients from unfair asset division demands.

All parties to an equitable division of assets will have a perception of what the value of each asset is, and usually they do not share the same perception. Since there are several approaches to establishing an equitable valuation, our expert staff will use the most accurate methods.

The commonly accepted method used to establish the value of property involves the assessment of data that will establish value according to the value of similar properties in the area adjusted for any high-end improvements. Our experts know the best method to use for ensuring that our valuation will be approved by a court if that step is necessary. However, our approach is so thorough and very well documented that the opposition usually will not oppose it.

Our methods for valuating a business are much more complex, but our staff is highly trained and very well experienced in valuing a business regardless of its activity. We go well beyond the minimal valuation of using just the money that would be derived from the sale of assets less the amount required for debt liquidation. Using complex but proven mathematical formulas, we will look at trends found in historical earnings and the results of gross income multipliers. Assessing the value of the goodwill of the business is also important in arriving at a value.

Once a value has been established, we will recommend a method for equitable disposition of the business. We will protect the interest of our client in making this recommendation. Selling the business may not be the best alternative, so we can recommend a buy-out agreement for the other party. We can also structure a continuous operation agreement with a structured schedule for buy-out payments over a period of time.

The Von Esch Law Group can deal successfully with any challenge you face in a division of property and a business. Our experts will manage any challenge you face in these issues.

Property Damage

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There are various forms in which a person can suffer property damage ranging from natural causes to man-related accidents. Some causes include earthquakes, storms, fires and other disasters. Property can as well get destroyed as a result of the negligence of another party. So, when your property has been destroyed, as a homeowner, you can seek compensation though sometimes it might be an uphill task. At such times, you need an experienced lawyer in property law from Von Esch Law Group. We have the right attorneys who’ll take your case and ensure you get the correct compensation. Our lawyers have great expertise and the experience to win your case.

My property has been damaged, what should I do?
Accidents do occur and when they happen, it’s excellent to respond as fast as you can so as to lower the extent of the property damage. Here at Von Esch Law Group, we always advise our clients to ensure they get in touch with their assets damage litigation lawyers. Ensure you get the right guidance and counselling since legal procedures that relate to property damage are sensitive, and you might end making some grave mistakes.

You will also have to get in touch with the correct authorities dealing with investigations so as to know the source of your property damage that will be used to know whether you will get compensated. As earlier said, do all that you can to reduce the damages like taking some steps that will prevent or stop further damage from happening. Here at Von Esch Law Group, we have our competent attorneys who will help you on these matters as they look at your case in a professional manner.

Is my property covered under my insurance?
Most homeowners always have some protection against property damage from different insurance companies. However, there are different types of protection and as an owner you need to know whether your policy covers the entire property. Ensure you undertake a close evaluation of the particular damage that your policy covers.

You need to understand that, having a cover doesn’t guarantee you that you will get compensated when a disaster strikes and your property has been damaged. Before you have signed and start paying your premium for a cover, ensure you understand the policy well and where you’ve issues, consult an attorney in property damage to help you.

What happens when someone’s negligence causes my property damage?
Not all property damages result from accidents that couldn’t get prevented. Someone might have slept on their job that led to the accident. In such a case, we at Von Esch Law Group will help you have the negligent person held liable and paid for the damages.

Why choose us?
Our attorneys at Von Esch Law Group are well experienced in property law, and we have served different clients who can be individuals or institutions. Come to us today and also get free legal advice on matters relating to property damage. We make you more informed about your rights.

Making Your Case For Spousal Support

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After separating from your spouse, you are likely to experience some financial challenges. Depending on what kind of separation you had, you may be entitled to spousal support that can help your financial situation. When deciding if a spouse is entitled to spousal support benefits, the court will consider various aspects regarding their marriage. The main factor that they will consider is whether or not you have children and if so, who is the primary caretaker for these children. They will also consider your lifestyle before the divorce took place and also your marital standard of living.

When preparing a spousal support case, you will need to include several documents that basically show where and how you spend your money. Some of the documents you will include are:

1. Credit-Card Statements
2. Checking Account Statements
3. Credit Reports
4. Passports
5. Tax Returns
6. Gift Tax Returns

The best thing to do when seeking spousal support is to be prepared. It is important that you protect yourself and your children. Make sure that you have an experienced attorney by your side that is after your best interests.

For more information regarding Von Esch Law Group and their legal services, visit their website and Facebook page!