Practice Areas

As true general practitioners, we represent clients in a broad and diverse range of practice areas.  We strive to be able to assist our clients with all their legal needs, and our philosophy is that once you are a client, you are  family.  As such, if we cannot assist a client with a particular matter we ensure that a trusted and well established colleague can and will.

Business Litigation

 

Businesses  – and individuals engaged in business – operate based upon the relationships they have with third-parties.  These relationships are typically governed by contracts dictating the rights and responsibilities of each party to the transaction.  These contracts may be written, oral, or implied by the conduct of the parties in their relationship with one another.

 

We represent businesses and individuals involved in a wide range of contractual and other disputes.  These disputes range from very simple breach of contract actions to complex disputes among multiple layered relationships.  Examples of  litigation matters we handle on behalf of our clients include, but are not limited to:

 

  • Breach of Contract Actions

  • Breach of Fiduciary Duty Against Partners of a Partnership, Members of an LLC, and Directors/Officers of a Corporation

  • Fraud

  • Conversion

  • Unfair Competition

  • Trade Secret Misappropriation

  • Shareholders’ Derivative Actions

 

Real Property Litigation

 

We recognize that no matter who is involved in a dispute surrounding real estate – buyers, sellers, tenants, landlords, builders, developers or lenders – each party has a significant interest at stake. It is precisely for this reason that disputes involving real property are common.

 

With our pragmatic approach to dispute resolution, we always attempt to resolve these differences through reasonable discussion.  When this reasonable discussion proves unfruitful, however, the matter must be brought to court.

 

We understand the unique and valuable interest  our clients have when dealing with a real property dispute.  Because of this, we take an efficient, cost effective, aggressive and practical approach to each and every matter.  Our real property litigation practice includes, but is not limited to:

 

  • Breach of contract claims

  • Easement and right of way disputes

  • Boundary disputes

  • Breach of warranty claims

  • Real estate fraud

  • Mechanic liens

  • Construction disputes

  • Condominium and homeowners’ association disputes

  • Partition of real property

  • Adverse possession

  • Quiet title

 

Landlord-Tenant

 

Litigation

We represent both Landlords and Tenants (commercial and residential) in all aspects of the disputes and litigation surrounding tenancies in real property.

We are available to assist our landlord clients with the preparation of all appropriate eviction notices required by statute to be served upon tenants, as well as representing our landlord clients during the Unlawful Detainer litigation.

Similarly, we are available to assist our tenant clients with all of their litigation needs, including the defense of Unlawful Detainer actions, as well as actions against landlords for, among other things, breaches of the various warranties that make up the particular tenancy at issue.

Transaction

We are available to assist our clients with all aspects of the creation and termination of tenancies, as well as related issues that arise during the course of the tenancy. We regularly draft and review all applicable documents surrounding tenancies such as leases and lease modifications.

 

Family Law

We are aware that being involved in a family law and/or divorce proceeding (in California, referred to as a “dissolution of marriage” action) can often be a frightening and uneasy time.   This is particulalry true when children are involved.

 

We believe that much of this anxiety can be relieved when an individual is better informed of the general law and procedure that will be encountered throughout the process.  It is because of this that we strive to make sure our clients have no unanswered questions during the process of our representation.

 

Our family law areas of practice Include:

  • Divorce

  • Legal Separation

  • Property Division

  • Child Custody

  • Child Support

  • Spousal Support

  • Litigation

  • Pretrial Litigation

  • Mediation

  • Pre-marital issues

  • Post-divorce issues

  • Pre-Nuptial Agreements

  • Post-Nuptial Agreements

 

Judgment Collection &  Enforcement

In assisting our clients with judgment collection and enforcement, we implement straightforward and aggressive strategies to locate and convert a debtor’s assets and income in order to satisfy your judgment.  We utilize all available statutory remedies, including but not limited to:

 

  • Post-judgment discovery of information to aid enforcement

  • Wage garnishments

  • Account levies

  • Turn-over orders

  • Executions on real estate and personal property interests

  • Assignment orders

  • Charging orders

  • Creation of judgment liens

  • Identifying and voiding fraudulent asset transfers

 

If a client has obtained a judgment in another State, we take all appropriate measures to domesticate Sister-State and Foreign Judgments so that they can be enforced in California.

 

In addition to the collection of judgments, we assist clients with the collection of secured and unsecured receivables for which they have not yet obtained a court-ordered judgment.

 

Real Estate Transactions

Our firm represents investors, buyers and sellers of commercial and residential real estate transactions. We handle all aspects of the transaction from negotiation to closing.

 

Our clients utilize our services in the following ways:

 

  • Providing strategies for negotiating the purchase and/or sale of real property

  • Reviewing and/or drafting purchase and sale agreements

  • Performing due dilligence regarding title review, disclosures and financing commitments

 

Business Formation

Our firm assists individuals start, restructure, acquire and sell businesses. When we meet with a client, we discuss all the details associated with the venture in order to provide a recommendation as to the best legal structure option, inclding:

  • Sole proprietorships

  • Partnerships, including limited liability partnerships (LLP)

  • For-profit corporations

  • Limited liability companies (LLC)

  • Not-for-profit corporations

  • Family trusts and family limited partnerships

  • S-corporations

  • Professional associations

We will recommend, plan, create and implement the business structure appropriate for your vision and goals.

 

Corporate Compliance

One of the primary reasons individuals choose to incorporate a business is to achieve limited liability and shield personal assets.  However, in order to take advantage of the protections a corporation can and does provide, it is imperative that the separate existence of the shareholders and corporation is maintained.

 

Our firm assists clients with ensuring that all documentation is up to date, and all actions of the corporation’s directors and shareholders are properly documented and memorialized.

 

Estate Planning

 

While individuals may assume  their estate is too small to be taxed, increased home values, larger life insurance policies and larger retirement accounts can and do make estates more vulnerable to taxes than individuals may realize.

 

More importantly, estate planning is not just about saving taxes.  Additional and pertinent benefits of estate planning include:

 

  • Making sure your assets go where you want them to go

  • Controlling assets while you are alive but incapacitated

  • Controlling assets after your death

  • Minimizing conflict among heirs over your estate

  • Avoiding the cost, delay and intrusive nature of probate

  • Minimizing the emotional and financial burden on your heirs

  • Providing provisions for a guardian of minor children.

 

Contemplating death and/or incapacity – and therefore how you want your assets distributed/handled after your death/incapacity – is not pleasant for anyone.  However, it is a true reality of life.  Delaying or avoiding the issue can prove costly.  This cost is not only from a tax standpoint, but also in unnecessary conflicts, anger, time and confusion among your heirs.

 

Personal Injury

 

Our firm recognizes the vulnerable position injured persons and their families find themselves in, and therefore provides compassionate yet aggressive legal representation.

 

While most personal injury cases do settle prior to trial, we always aggressively represent our clients in an effort to achieve maximum recovery.

 

Our personal injury clients are not billed by the hour.  Rather, we represent these clients on a “contingency basis,” which means that no fee is owed until our firm receives a recovery on a client’s behalf.

 

2002 Jimmy Durante Blvd., Ste. 129, Del Mar, CA 92014     |

(t) 858.925.2JSM (2576)     |     (f) 858.925.1370     |     info@JSMLegalGroup.com

© 2015 by JSM Legal Group.  All Rights Reserved.

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