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August, 2016
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Judgment via Dismissal and

Attorneys' Fees & Costs Award

When the former tenant of a multi-million dollar home filed suit, the client called  
Adishian Law Group...
Result:  Judgment in favor of our client via dismissal, and the court granted our motion for $25,457.25 in attorneys fees and $1,859.72 in costs.   
Area of Law:  Real Estate (Landlord Side)
ALG Represented:  Defendant(s)
Claims:  (1)  Breach of Contract; (3) Negligent Misrepresentation; (3) Fraud; (4) Breach of the Implied Warranty of Habitability; (5) Negligence; (6) Retaliatory Eviction and (7) Failure to Return or Account for Security Deposit
Complaint Filed?   Yes
Court?   OCSC
Time to Resolution?  About 21 months
Year?  2016
Commentary:   Here, Plaintiff allegedly contracted to lease a property for $8,500 per month, and the lease included an option to purchase the property.  During their tenancy, tenants allegedly complained of termite damage, plumbing issues, mold and other issues. Our client alleged that they stopped paying rent and then moved out when faced with eviction.  After moving out, Plaintiffs filed the above complaint in California State Civil Court (Unlimited) seeking in excess of $300,000 plus attorney's fees.  They got zero, and we expect they will now have the opportunity to meet our client's collection attorney. 

What's a Demurrer and Why Should You Care?  Simply put, a "demurrer" challenges the pleading on its face based on the "4 corners" of the complaint. If you receive a lawsuit and your reaction is "this doesn't make any sense", or "this is garbage", it might be a good time to consider a demurrer.  Given California State Court backlogs are extending the time to get to a motion for summary judgment (MSJ) hearing, the availability of a demurrer (often filed with a companion motion to strike) is an early opportunity to lower your client's exposure, reduce the number of issues litigated and hence reduce your client's litigation costs over the life of the case. Here, we filed successive demurrers to knock out 2 causes of action and get 3 defendants dismissed, and later on the court granted our motion to dismiss the entire case.

Aggressiveness is "Over-Sold".  A common misconception is that being an "aggressive" litigant or an "aggressive" attorney or "aggressive" here or there gives you an advantage over another party.  Quite often this takes the practical form of (a) threats of lawsuit or (b) filing poorly thought out lawsuits in the hopes of extracting some quick fear-based settlement.  If you are contemplating a lawsuit, or have been served, we'd suggest getting counsel from a few level-headed litigators before deciding to file or responding to the suit.  It just might save you a lot of money, and get you a better result.   


Why Settlements Matter To You?  Although this one was resolved via a judgment, the overwhelming majority of legal disputes -- even in highly contentious, high stakes matters -- are resolved via settlement.  Many of these are settled out of public view either between Attorneys prior to litigation, or during Court litigation prior to a public trial or during litigation via private Arbitration. The settlement of a dispute is great, but the downside is that public at large loses visibility into the legal system.  We are publishing these Settlement Announcements as a benefit to our clients and friends of the firm to provide some real-life context in terms of legal claims and dollars that we believe will be useful to you, your family and your network.
 
How to Refer a Prospective Client to Adishian Law Group

Who are our clients?  Our clients include highly compensated executives and professionals, businesses and owners of businesses with revenues of $5M to $100M and clients active in commercial real estate.

How to make a referral?  The best way to introduce a referral is to send an email copied to the referral and our firm, including phone numbers.  Another way is to call us directly with the prospective client’s phone number or email to let us know that he or she will be calling.  A third way is to provide our phone number or email to the prospective client, and for them to remember to tell us that you referred them.

What your referral can expect?  We offer a free consultation directly with an attorney, which can be in person, via telephone or video conference. We aim to have these meetings within 24 hours of contact. All information shared will be treated confidentially to the fullest extent of the law whether or not we are able to represent the prospective client in the legal matter.


As always, thank you for your ongoing support, and we encourage you to connect with us via the Social Media Buttons below.

--Adishian Law Group, P.C.
About Adishian Law Group, P.C.   Adishian Law Group,  (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishian Law Group, P.C. has represented business and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries --- in over 480 legal matters.  Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet.  The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.
For more information about this topic or to contact Adishian Law:
 
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This communication may contain testimonials, endorsements or results which of course, do not guarantee, warrant or predict the outcome of your individual legal matter. When seeking legal advice, make sure your attorney clarifies all possible outcomes so you understand the risks as you proceed with your legal representation.
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