Ventura County Real Estate Attorneys
Finally your questions answered and we’re with you every step of the way. The advantages of retaining a sole practitioner include the fact we know your case thoroughly — inside out and upside down. You and your case receive the close attention you know it deserves. We are thorough, knowledgeable and relentless. An added bonus is you always get to deal directly with the with the person that’s there to keep you safe.
Real Estate
Home is important. We believe it paramount to take the time to address each client’s individual needs and concerns involving real estate. We love the law, we love the research involved in finding the best possible solution and outcome for our clients — even after 36 years.
Medical Malpractice
When choosing a lawyer, you want one who is honest, knows the law, is thorough, responsive and communicative. Especially when it comes to your or a loved one’s health. You want one who is reasonably priced, experienced, and will give you and your case the personalized service it deserves.
Legal Malpractice
To help you identify when the lawyer’s actions are malpractice, consider the following:
The lawyer stopped working on your case. If the lawyer ignores your case and your concerns, there is a good chance that it is going to end up turning into malpractice.
Insurance
During our years of working for insurance companies, we have amassed a wealth of experience. This makes us highly qualified to navigate and litigate the labyrinth of Insurance Law.
Real Estate & Medical Malpractice To Know
Settlement: Accidents – Verdict in favor of Plaintiff in the amount of US$5,000,000
Case Name: Mariela Madariaga v Emmanuel Franco Quinteiro, et al Case Number: 2020-000069-CA-01 Verdict Date: Outcome Type: Settlement Court: 11th Judicial Circuit Miami-Dade County Florida Incident Date: 2019-10-22 Plaintiff's Complaint:At approximately...
Settlement: Defective Products – Verdict in favor of Plaintiff in the amount of US$7,500,000
Case Name: Chris Bent v Sears Roebuck and Electrolux Home Products Case Number: 114656-2009 Verdict Date: 2016-07-13 Outcome Type: Jury Verdict Court: New York County Supreme Court Incident Date: 2009-08-19 Plaintiff's Complaint:Plaintiff, a 19 year old college...
Your Home Is Here
We have extensive experience with “Real Estate” Litigation. Our 36 years of practice also include years as insurance company counsel. This has resulted in extensive experience in the areas of Medical/Legal Malpractice, Wrongful Death, Insurance Bad Faith, and All Torts, such as personal injury, malicious prosecution, abuse of process, libel, slander, fraud, and interference with business.
Judges presiding over courtrooms have said Malcolm R. Tator is, “one of the top three attorneys in the county.” It has also been said of Malcolm R. Tator he can “locate laws no one else finds.”
REAL ESTATE FRAUD LAW
Real estate fraud can be committed a number of ways. The most common is through a false statement on the required disclosure forms in California real estate sales. However, fraud can also be committed by an intentional omission from a partial revelation. Fraud can be committed without words by acts creating a false impression. Fraud can be committed by undue influence on a mentally weakened individual. Fraud can be committed by cheating someone out of an inheritance. Interestingly fraud can also be committed by entering a contract with no intention of performing.
MEDICAL MALPRACTICE LAW
Medical malpractice isn’t proved by just a bad result or a mistake committed by a doctor. It must involve an unreasonable mistake that wouldn’t be made by a reasonably careful physician, nurse, or chiropractor, etc. in similar circumstances. Usually medical malpractice law must be proved through testimony of an expert witness, but there are two main exceptions. The first is the common sense exception where a jury would know whether something was done improperly without an expert, such as leaving a clamp or a sponge in a patient, or sometimes failing to take x-rays. (Note courts are very austere in applying the exception.) The other main exception is the failure of a doctor, etc. to gain the informed consent of a patient by not revealing something an average patient would want to know.
LEGAL MALPRACTICE LAW
Legal malpractice results when a client is damaged and would have obtained a better result, if an attorney had acted as a reasonably careful attorney would have acted. The legal malpractice can be in litigation or it can be in a transaction arranged by the attorney. It can result by failure to communicate with the client. It can result from lacking learning and skill in an area of law. It can result from the failure to investigate or to attend hearings. It can arise from the failure to file or serve a complaint. It can arise from abandonment of a client. It can arise from failing to adequately supervise subordinates. However, just because an attorney made a mistake, does not establish that he/she committed malpractice. Remember it must be a mistake careful attorneys would not make.
INSURANCE COMPANY LIABILITY LAW
An insurance company can be liable to its insured in a number of ways. The obvious way is failing to pay a claim it owes. However there are other ways. For instance, an extremely important benefit of a homeowner’s, business, or automobile policy is the duty of the insurance company to defend its insured in negligence cases brought by third parties. In some instances, that duty even extends to charges of intentional wrongs done by the insured. The carrier can be liable for failure to defend its insured. An insurance company can also be liable when it injures its insured through unreasonable conduct. For instance, an insurance company can be liable to its insured for failing to settle a case against the insured. Sometimes it can be liable for delay in settlement. It can be liable for failure to investigate claims thoroughly. It can be liable for failing to evaluate a claim objectively. It can be liable for favoring one insured over another. It can be liable for abusive conduct such as intimidating witnesses, misrepresenting coverage, taking a hostile attitude, making groundless accusations, threatening to rescind a policy, or arbitrarily cutting off benefits. Learn more about our Insurance Law specialty.
Risk Management Issues Committee Top Issues 2018
The Risk Management Issues Committee is charged with facilitating a national discussion and awareness of risk management issues and related potential legal liability facing NAR members. The committee includes representatives from each U.S. state, which makes the...
Potential Lawsuit: 3M Combat Arms Defective Earplugs Lawsuit News and Legal Information
In July 2018, the American multinational corporation 3M settled a whistleblower lawsuit brought by the federal government alleging that the company knowingly supplied defective Combat Arms Earplugs to the US military. 3M was accused of violating the False Claims Act...
Settlement: Jury Awards $41M in Personal Injury Lawsuit Against RJ Reynolds
This is a settlement for the lawsuit.Miami, FL: The husband of a woman who died from smoking-related emphysema, has been awarded $27,799,999.99 in punitive damages by the jury hearing his defective products case. The week prior the jury awarded Leslie Schlefstein...
Settlement: $2M Settlement Reached in Stericycle Employment Class Action Lawsuit
Los Angeles, CA: A preliminary $2m settlement agreement has been reached in a California employment law class action lawsuit pending against Stericycle Inc. The lawsuit was brought against the medical waste company by workers alleging the company denied them breaks,...
Window to the Law: Working with Appraisers
Like many children, I believed you should never be in the dark and say Bloody Mary three times to a bathroom mirror. When my friend told me the story, she pointed to a classmate who had a large scratch on his face and said, “Look at what happened to him.” Years later,...
Lawsuit Filed: Alleged Magic Bullet Defect Prompts Nutribullet Lawsuit
Los Angeles, CA: Nutribullet is facing a defective products lawsuit filed by a customer who alleges the Magic Bullet blender poses a risk of injury to users due to a defect which causes the product to malfunction.Filed by Harjit Thandi, the lawsuit states she was...
The Voice for Real Estate 95: Mortgage Reform, Texts, Rural Loans, Outlook
REALTORS® lead the charge on protecting 30-year, fixed-rate mortgages Are your texts violating the law? And the government tries to make up for lost time on rural home loans These stories and more on The Voice for Real Estate Hi, I'm Stephen Gasque with the National...
Window to the Law: FinCEN’s GTOs Extended and Expanded
The Financial Crimes Enforcement Network, one of the U.S. Treasury’s lead agencies in the fight against money laundering, recently announced yet another extension of its Geographic Targeting Orders. The GTOs aim to combat the use of residential real estate in money...
Video: NAR Code of Conduct and Anti-Harassment Policy
NAR General Counsel and Chief Member Experience Officer Katie Johnson reviews the NAR Code of Conduct and Anti-Harassment Policy, which applies to all NAR-related meetings, events, and communications.For more information, please review the NAR Code of Conduct and...
Potential Lawsuit: Cryptocurrency Fraud Lawsuit News and Legal Information
Since the middle of 2018, cryptocurrency lawsuits alleging various forms of financial fraud have become increasingly common. In some ways, the story is familiar -- the price went up suddenly at the beginning of 2018, and then it crashed through the proverbial floor....
Risk Management Issues Committee Top Issues 2018
The Risk Management Issues Committee is charged with facilitating a national discussion and awareness of risk management issues and related potential legal liability facing NAR members. The committee includes representatives from each U.S. state, which makes the...
Potential Lawsuit: 3M Combat Arms Defective Earplugs Lawsuit News and Legal Information
In July 2018, the American multinational corporation 3M settled a whistleblower lawsuit brought by the federal government alleging that the company knowingly supplied defective Combat Arms Earplugs to the US military. 3M was accused of violating the False Claims Act...