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
Coming Soon: Implicit Bias Training on Fair Housing
NAR and the Perception Institute have teamed up to create a curriculum that will help REALTORS recognize unconscious biases that may get in the way of offering the best service to every customer. The Perception Institute, one of the nation's premier trainers on...
COVID-19: Workplace Re-Entry Checklist
Businesses should devise a multi-faceted and phased approach to the workforce’s re-entry to the workplace, which takes into account guidance, regulations, and orders issued by federal, state and local governments and agencies, including the World Health Organization...
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.
Can You Undo A Judgement?
A defendant in California may undo a default judgment against him, but only if he acts promptly. (The courts say diligently.)
What Happens On Appeal?
Many people have a misconception about what happens on appeal. An appellate court does not retry the case. It does not take evidence. It does not reweigh the evidence taken at trial. It only decides if the trial judge made a prejudicial mistake on the law.
Lines of Credit and Priority
Lines of credit may or may not have priority over a judgment lien, so cash taken out after a judgment is recorded against a property, may be a lien junior to the judgment lien.
Are You A Victim Of Unlawful Conduct?
Victims of unlawful conduct are entitled to the benefit of the collateral source rule. That rule says that if the victim receives payment independent of the wrong doer, the payment received does not count toward reducing the victim's damages. The collateral source...
The Cost of Court Vs. Contractual Arrbitration
Generally court is better and cheaper than arbitration required by contract.
Juniors Cure Seniors?
A junior lien holder position may cure a default on a senior lien and recover from the property owner the amount paid.
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.
Can You Undo A Judgement?
A defendant in California may undo a default judgment against him, but only if he acts promptly. (The courts say diligently.)
What Happens On Appeal?
Many people have a misconception about what happens on appeal. An appellate court does not retry the case. It does not take evidence. It does not reweigh the evidence taken at trial. It only decides if the trial judge made a prejudicial mistake on the law.