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
Potential Lawsuit: Elmiron Vision Loss Lawsuit news and Legal Information
Elmiron (pentosan polysulfate sodium), a drug widely prescribed for a bladder condition, has been associated with eye damage. Hundreds of thousands of people who have taken Elmiron may have been exposed to the risk of potentially permanent vision damage. Recent...
Potential Lawsuit: Banks Violating CARES Act Lawsuit New and Legal Information
Since the CARES Act (also referred to as the Paycheck Protection Act, or “PPP”) rolled out on April 3, 2020, COVID-19-affected small businesses have claimed that banks processed loan applications to benefit themselves, rather than on the “first-come, first-served”...
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.
Making Settlements Easily Enforceable
When settling a case, to make the settlement easily enforceable, make sure both sides sign the settlement or agree to it on the record in court. If this doesn’t happen it may not enforceable.
Damages For Breach Of Contract
Damages for breach of contract are reduced by payments received by the injured party from other sources, for instance a replacement buyer or an insurance company. However damages collectible by victim of personal injury or other tort are not reduced by payments by...
Promises And Contracts
To form a contract, a promise by one party must be supported by a benefit conferred, detriment suffered, or promise of such benefit or detriment by the other party. Past benefits conferred or detriments suffered are insufficient.
Lifting A Judgement
On occasion, a default judgment may be lifted, provided the defaulted party acts promptly.
Reducing Damages For Breach Of Contract
Damages for breach of contract are reduced by payments received by the injured party from other sources, for instance a replacement buyer or an insurance company. However damages collectible by victim of personal injury or other tort are not reduced by payments by...
Issuing a Deed Properly
One can issue a deed to property he does not own, the title is just worthless, but if the seller ever acquires title, title immediately shifts to his transferee.
Issuing A Deed To Property
A person can issue a deed to property he/she does not present own, but if ownership ever comes, it immediately transfers to the entity shown on the deed as grantee. (The true owner might also have sued the deed maker for slander of title).
Liening on Others
A nifty collection device is to place a lien on any lawsuit in which your debtor issuing someone else. The someone else must then pay you.
Are Multiple Contracts One Document?
Multiple Documents (including contracts) relating to the same matters, between the same parties, and made as part of substantially one transaction, are to be construed as one contract. This allows for a full view of the situation.
Can Multi-State Judgements Be A Problem?
If a judgment in one state becomes an issue in a second state, the second state is entitled to determine wether the first state had jurisdiction to issue it’s judgement. If not the second state can ignore the first states judgement.
Making Settlements Easily Enforceable
When settling a case, to make the settlement easily enforceable, make sure both sides sign the settlement or agree to it on the record in court. If this doesn’t happen it may not enforceable.
Damages For Breach Of Contract
Damages for breach of contract are reduced by payments received by the injured party from other sources, for instance a replacement buyer or an insurance company. However damages collectible by victim of personal injury or other tort are not reduced by payments by...