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
Fair Housing Claim Alleges Racial Discrimination by Sellers
Learn how to respond when your client violates fair housing laws.
Potential Lawsuit: Wyoming Medical Malpractice Lawsuit News & Legal Information
Wyoming medical malpractice claims may be made against doctors or other healthcare professionals or organizations when the treatment rendered falls below the commonly accepted professional standard. To be successful, though, these claims must certain very...
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.
Potential Lawsuit: Stem Cell Therapy Legal News and Lawsuit Information
Stem cell treatments have been defined as both miracle treatments and snake oil. The public has heard from researchers and licensed doctors, unlicensed frauds and for-profit companies that stem cell therapy can regenerate hair and organs, cure cancer and emphysema,...
NAR Discusses Its New Fair Housing Action Plan
[VINCE MALTA] Hello everyone, I’m Vince Malta, 2020 President of the National Association of Realtors. I’m here with one of NAR’s newest team members, Bryan Greene, our director of fair housing policy. Bryan came to us from HUD, where he served as the General Deputy...
Window to the Law: Fair Housing Update
For more than 50 years, the Fair Housing Act has declared a national policy prohibiting discrimination in housing. And yet, there is still much progress to be made. For example, according to the U.S. Census Bureau, the percentage of African-American homeowners fell to...
Make Your Arbitration Decisions Stick
There are two types of Ikea customers: those who follow instructions and those who don’t. I was in the latter category. After spending an inordinate amount of time studying the instructions, assembling, disassembling, and reassembling parts to build my desk, I decided...
Membership for Licensees with a Criminal Past?
Q. We received an application from someone with a criminal history. Can we deny membership based on that alone?The bases upon which an applicant for REALTOR® membership may be denied are established in your association’s bylaws and clarified in NAR’s membership...
Agency Highlights: 1Q 2019
The agency cases from this quarter address several different agency issues. The first case, an interesting New York decision, the court held that a real estate representative breached her fiduciary duty by submitting her own offer for purchase of a property for which...
A Matter of Place
[NEAL (TESTER)]I was shown a nice apartment on the top floor by the super of the building. We were looking around and poking around, as you do, looking into the closets and this and I’m like, “Oh, this looks nice!” “Yeah, OK. I got to get my wife to come and see...
How to Steer Your Association Through a CRISIS
Your next association crisis could come from anywhere—human resources, IT, legal, advocacy—and involve anyone—leaders, members, the media, the public. In the blink of an eye your association’s image, reputation, and credibility, and even your career, can be damaged....
Association Insurance Primer
Insurance is a little like plumbing or the internet: You’re not really sure how it works, but you’re happy to know it’s there when you need it.For more than 20 years, the National Association of REALTORS® has provided its institutes, societies, councils, state and...
Potential Lawsuit: Stem Cell Therapy Legal News and Lawsuit Information
Stem cell treatments have been defined as both miracle treatments and snake oil. The public has heard from researchers and licensed doctors, unlicensed frauds and for-profit companies that stem cell therapy can regenerate hair and organs, cure cancer and emphysema,...
NAR Discusses Its New Fair Housing Action Plan
[VINCE MALTA] Hello everyone, I’m Vince Malta, 2020 President of the National Association of Realtors. I’m here with one of NAR’s newest team members, Bryan Greene, our director of fair housing policy. Bryan came to us from HUD, where he served as the General Deputy...
Window to the Law: Fair Housing Update
For more than 50 years, the Fair Housing Act has declared a national policy prohibiting discrimination in housing. And yet, there is still much progress to be made. For example, according to the U.S. Census Bureau, the percentage of African-American homeowners fell to...