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San Diego Complex Litigation Blog

Protect your rights during personal injury litigation

When you suffer a personal injury, it's important that you have someone on your side who can help you get the financial compensation you deserve. After your injury, you may have to go through physical therapy or surgeries, long-term medical treatments or other therapies.

During that time, it can be hard to work on a case against the other party or to seek compensation through an insurance claim. That's why it's a good idea to work with your attorney.

San Diego's market heats up in spring, summer

Realtors believe that the real estate market in San Diego is picking up the pace in the spring of 2019, and with that means that it will be a busy spring and summer. An active market can be great for sellers and buyers, but there can also be dozens of disputes as a result.

When you enter into the process of buying a home, you may sign a contract to purchase the home under certain conditions. If the seller can't meet those conditions, then you can walk away from the purchase. In some cases, sellers and buyers get into heated arguments over the terms of their contracted agreements and may end up going to court over them.

Don't use deceptive tactics: They're illegal

As owner of a company in California, you need to be aware of California's laws regarding deceptive trade practices. These practices are explained as making false claims, providing misinformation or other tactics to get the public to buy a service or product despite knowing that the information given is false.

A good example of this could be claiming that a supplement can cure cancer. There is no such thing in 2019, and guaranteeing results is a surefire way to end up with a lawsuit against your company — or worse.

Facing the breakup of your partnership

While statistics show that the odds are against business partnerships, you certainly hope yours can be among the 30 percent that are successful. Partnerships offer many advantages, including a division of cost and debt, a wider scope of ideas and creativity, and a mutual support system when the business hits hard times.

Experts often compare partnerships to marriages, and you may know that a clash between you and your partners may be just as common as a tiff between you and your spouse. Still, just as marriages find ways to surge through these disagreements, you and your partners may have similar skills for resolving your conflicts. Unfortunately, this may not be the case 100 percent of the time.

What happens after a person dies?

If your loved one passes away, and you are told they have a will, you should know that this has to go through probate. Probate is a process that proves that the will is legal in court. Once a judge agrees that it is legal and a valid document, the estate can be administered.

If you are not the executor of the estate, you may not have to worry about probate. The executor is the person who is expected to take control in this situation and to take the will to court for approval. If you are the executor, that is your job. Going through probate will officially appoint you as the executor and give you the legal powers you need to administer the estate.

Doctor fatigue: Understanding the risks

When you need medical treatment, the last thing you want is a doctor who is too fatigued to give you a high level of care. This can lead to serious and often life-altering mistakes.

Unfortunately, that's the reality for a lot of patients. It's critical that you understand the risks. Here are a few key points to keep in mind:

  • Sleep deprivation can contribute to fatigue, but they're not necessarily the same thing since outside factors can impact fatigue levels.
  • Some of those outside factors include having a lot of stress, having an excessive workload and seeing disruptions to your circadian rhythm.
  • Fatigue causes more changes to the doctor's performance than sleep loss alone.
  • While physical performance does deteriorate due to fatigue, the real risk is the decline in cognitive function.
  • Examples of cognitive decline include impaired thought processes, impaired learning abilities, interpersonal dysfunction and memory issues.

Never assume anything about boundary lines

When you bought your house, there was already a fence between your house and the neighbors' house. You just assumed that it marked the property line, and it was clear that your neighbor thought the same thing. You didn't have a survey done and carried on with your life.

Then your neighbor built an addition on their house. You can't help but feel that it's far too close to your own home. It feels intrusive. It is behind the fence, but you never noticed how close that fence was until now.

Paperwork mistakes could lead to a wrongful foreclosure

Imagine getting a foreclosure notice in the mail when you've spent years or even decades faithfully paying off that loan. You know that your payments are up to date. You've never missed one in your life. And now you're worried that you could lose your home and your entire investment anyway.

The reason for the issue could be very simple: mistakes with your paperwork. After all, experts note that "botched documents" are one of the main reasons for wrongful home repossessions.

Taking your business litigation to appellate court

After weeks or months of fighting for your cause in a business litigation, you were disappointed that the court's ruling did not go your way. Perhaps the decision is a devastating financial blow to your business, or it places the future of your company and its intellectual property in jeopardy. Whatever the details, you are wondering what your next step will be.

Depending on the circumstances, you may be able to appeal the verdict. However, it is important to understand the purpose of an appeal in California and the process you must go through for an appellate court to hear your case.

After crash kills six, drunk driver gets 30 years

A woman in California was involved in a deadly accident, in which she was accused of driving under the influence. She recently went to court and was sentenced to 30 years to life in prison.

The woman was heading north on the Orange Freeway, driving a 2013 Chevrolet Camaro, but she was in the southbound lanes. She actually made it off of that freeway without incident, but she then got on the 60 Freeway, heading east in the westbound lanes. It was there that she ran her sports car into a Ford Explorer.

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