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
Flirting With Disaster
The coronavirus pandemic has underscored the importance of being prepared for the unexpected. A properly drafted, up-to-date disaster preparedness plan enables businesses to act quickly and effectively during a time that is otherwise filled with stress and panic.While...
Potential Lawsuit: Paragard IUD Lawsuit News and Legal Information
Paragard IUD lawsuits are now in the early stages of multidistrict litigation (MDL) consolidation in Philadelphia and more lawsuits are under investigation. Melissa Arias’s story about her experience with her Paragard T 380A is sadly commonplace.A young woman, she...
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.
Settlement: Settlement Reached in Orbit Car Seat Class Action Lawsuit
This is a settlement for the lawsuit.San Francisco, CA: A settlement has been reached in a consumer fraud class action lawsuit against Orbit Baby, Inc, which alleges deceptive marketing practices on the parts of Orbit Baby, Inc. and The ERGO Baby Carrier, Inc.The...
Settlement: $45M Settlement Reached in Family Dollar Store Employment Discrimination Class Action Lawsuit
Charleston, NC: A $45 million settlement has been finalized ending an employment discrimination class action lawsuit brought by 37,000 former and current female managers for Family Dollar Store Inc. The plaintiffs alleged that Family Dollar Store paid them less than...
1Q 2018: Agency, PCD, RESPA, Employment
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Debtors Can’t Collect from Team Leader
Read the full decision from the United States Bankrupty Court District of Idaho.Two real estate licensees (“Debtors”) joined a real estate team (“Team”) that was headed by a single individual (“Team Leader”). The Team was part of a real estate brokerage (“Firm”) and...
Settlement: AbbVie to Pay $3M in Androgel MDL Settlement
Chicago, IL: AbbVie Inc, the maker of Androgel, will pay $3 million to settle a defective product personal injury lawsuit, brought by a man from Oregon who alleged that his use of the testosterone replacement therapy caused him to suffer a heart attack.The lawsuit is...
Settlement: $10M Settlement Proposed in Uber Gender And Race Discrimination Class Action
San Francisco, CA: A $10 million settlement has been agreed between Uber and plaintiffs in a discrimination class action lawsuit who alleged the ride share company did not pay its female software engineers and engineers of colour equitably compared with their male and...
ARELLO Archive – First Quarter 2018
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Potential Lawsuit: Cash America Pawn Wage & Hour Lawsuit News and Legal Information
A store manager at First Cash, Cash America Central or Cash America Pawn has filed an overtime complaint against the franchise chain. Plaintiff Mr. J. Martin East alleges he has been misclassified as exempt and that First Cash has failed and refused to pay him and...
Potential Lawsuit: Vaginal Rejuvenation Lawsuit News and Legal Information
On July 30, 2018, the United States Food & Drug Administration (FDA) issued a formal warning to manufacturers of laser gynecological devices and patients who have undergone, or plan to undergo, treatment with such devices. The FDA initially cleared these “energy...
Window to the Law: How to Avoid Wire Fraud in Transactions
Welcome to Window to the Law cyber crime special edition. I am Finley Maxson NAR Senior Counsel. As you know, a devastatingly successful wire fraud scam is impacting real estate transactions across the nation. Here’s how it works: A hacker breaks into an email account...
Settlement: Settlement Reached in Orbit Car Seat Class Action Lawsuit
This is a settlement for the lawsuit.San Francisco, CA: A settlement has been reached in a consumer fraud class action lawsuit against Orbit Baby, Inc, which alleges deceptive marketing practices on the parts of Orbit Baby, Inc. and The ERGO Baby Carrier, Inc.The...
Settlement: $45M Settlement Reached in Family Dollar Store Employment Discrimination Class Action Lawsuit
Charleston, NC: A $45 million settlement has been finalized ending an employment discrimination class action lawsuit brought by 37,000 former and current female managers for Family Dollar Store Inc. The plaintiffs alleged that Family Dollar Store paid them less than...