Litigation Consultation
Litigation may sometimes be necessary to enforce your agreements, uphold or defend your legal rights, or collect money owed to you or your business. Consultation with an experienced litigation attorney to evaluate your legal claim or defense, potential remedies, defenses, insurance coverage and estimated legal expenses is imperative in order to determine your best course of action. We have successfully litigated hundreds cases from initial pleading through trial and obtaining millions of dollars in compensation and recovery of assets and repayment of delinquent debt for my clients. Contact us to obtain a no cost litigation consultation before engaging in expensive and time consuming litigation for any legal issue or dispute including:
- Commercial Litigation, including repossession and foreclosure;
- Delinquent Debt and Judgment Collections;
- Real estate transactions for purchase and sale, refinancing, leases and landlord-tenant issues;
- Breach of Contract actions relating to Equipment Finance Agreements; Manufacturing and Service Contracts;
- Personal injury and/or property damage claims involving accidents and premises liability;
- Insurance coverage issues;
- Financial fraud and misrepresentation, or unfair business competition actions;
- Common Interest Development, (“HOA”) disputes;
- Quiet Title, Nuisance and Land Use disputes;
- Construction trade issues including mechanic’s lien, stop notice, and payment bond matters;
- Construction Defect Litigation.
We provide a valuable “cost v. benefit” litigation analysis evaluating the legal, evidentiary and practical factors to be considered in assessing your matter. Contact us to obtain a litigation consultation before engaging in expensive and time consuming litigation.
Commercial Litigation
We represent banks, asset based lenders, and finance companies to enforce their defaulted commercial contracts and secured loan agreements.
When a commercial loan or equipment lease defaults, often “time is of the essence” for the lender. Prior lender or collection agency phone calls and letters have been unsuccessful in curing defaults or obtaining payment. We promptly evaluate different options available and take legal action as necessary to enforce the agreement and motivate prompt payment.
At times a letter from our office declaring a Notice of Default and the potential for legal action is enough to successfully get defaults cured, back payments current or event a complete pay-off of the entire obligation. However, if after such initial evaluation, if litigation is deemed appropriate, we timely initiate a legal action using all available remedies as necessary under the Commercial Code and law to obtain payment, including foreclosure, replevin or claim and delivery actions and obtaining prejudgment writs and other injunctive relief to repossess assets, and levy upon bank accounts or other assets, inventory or other property of the debtor.
Depending on the the current status of the business relationship at issue, to the extent feasible, we represent lenders in resolving defaults by available optional legal alternatives such as “work-out agreements“, additional security deposit agreements, irrevocable lines of credit and obtain personal guaranty’s all of which can improve the lenders financial and legal position and reduce non-performing loans. We engage for lenders to make payment the borrower’s priority and minimize disruption to the lender’s operations and improve its balance sheet.
We incorporate a fixed fee or contingent fee option for these legal services to maintain client costs and to permit a more flexible approach to enforcing its financial obligations. Contact us to obtain a free commercial litigation consultation to repossess your assets, collect deficiency balances, and enforce your judgments .
Real Estate Litigation
When buying, selling or leasing real estate assets disputes or issues may arise concerning the transaction between the buyer, seller, landlord or tenant, or the brokers/agents representing either party.
They may involve improper factual disclosure of any material defects of the physical condition of the property or other known issues concerning the property (e.g.: CC&R or HOA restrictions; easements, encroachments, zoning violations, government notices or citations, construction defects, mechanics liens, stop notices or other real property issues or disputes).
We handle dispute between parties, brokers and agents concerning agency representation, the transaction and commissions due. We also represent commercial and industrial landlords and tenants with regard to lease agreements, tenant improvements, fixture filings, nuisances and other related disputes. When a litigation arises over any real estate action, we will zealously pursue your claims or defend claims made against you. Contact us for a no obligation, initial consultation to assess your particular situation and to engage our firm to obtain a successful resolution.
Negligence, Personal Injury, Products Liability, Property Damage Claims
Protection of your person, family or property from injury or damage is a fundamental legal right.
Unfortunately, due to often unequal bargaining power of the claimant, rather than promptly and reasonable resolve these actions, many insurance carriers and defendants make limited and unreasonable offers to settle with claimants relying on the probability many claimants do not have the resources to engage in litigation.
We change the balance of power by aggressively litigating these actions on a contingent fee basis. We initiate the action and promptly move the matter to trial to get the facts on the record and speed up negotiations and to obtain you the compensation you deserve.
Whether as result of an accident, defective product, trespass, nuisance or intentional tort, if you, your family member, associate or your business has sustained damages as result of the negligence of a third party, we will represent you to obtain a just award of damages to compensate your for all detrimental damages you have sustained. To obtain fair and reasonable compensation for any injury or damages, please contact our offices for a free initial consultation.
Corporate Dissolution Actions
Where directors or shareholders of a Corporation are deadlocked as to the direction and management of the company, or in cases where there is a claim that those in control have committed fraud, mismanagement or abuse of authority or unfairness to minority shareholders, then California law provides such aggrieved shareholders to file an action to pursue involuntary dissolution of the entity and for an accounting of its assets.
Such action may result in certain of the shareholders offering to purchase the shares of the shareholders that initiated the dissolution action, or the possibility of the sale of the entity as a going concern to a third party. Dissolution actions require responsible directors and shareholder to navigate and follow precise corporate rules in conducting the dissolution including giving notice to creditors and employees, to pay creditors pay taxes, and generally wind up its affairs.
We manage the proper dissolution of your entity to avoid any claims of mismanagement and potential personal liability of the shareholders or directors. Contact our offices for a free initial consultation concerning any interest you may have in a corporation or LLC.
The Law Offices of John A. Clinnin 