Real Estate & Business Litigation
At Kimball, Tirey & St. John LLP, our experienced attorneys litigate real estate and business disputes throughout California. Our litigation team successfully resolves disputes efficiently and effectively for our clients. Kimball, Tirey & St. John LLP attorneys provide expert representation for property owners, individuals, and businesses. We assist our clients with finding solutions that are appropriate and cost-effective, through settlement negotiations, arbitration, mediation, bench trials, and jury trials.
Kimball, Tirey & St. John LLP clients value the decades of experience of our litigation attorneys. This knowledge translates into savings and success in the management of your legal matters.
Our wide range of litigation expertise includes:
- Breach of contract claims
- Co-ownership disputes
- Commercial and residential property matters
- Breach of lease and breach of guaranty litigation
- Unfair and unlawful business practice defense
- All phases of environmental compliance, litigation, and administration, mold, Proposition 65, asbestos, lead and other environmental matters
- Class action defense, including security deposit and Proposition 65 litigation, prosecution and defense of restraining orders and other injunctive relief
- Mechanics lien defense
- ADA (Americans with Disabilities Act) litigation defense.
Real Estate & Business Transactions
When it comes to protecting you and your business, Kimball, Tirey & St. John LLP attorneys are here to provide expert legal representation for residential and commercial real estate owners throughout the state of California. Our attorneys offer the guidance, oversight and expert counsel that will help you minimize risk and protect your valuable assets.
Our attorneys have the expertise to efficiently assist clients in:
- Residential and commercial real estate transactional matters
- Preparation and review of commercial and residential leases, financing documents, loan opinion letters, SNDAs, landlord waivers, purchase and sale agreements, and other transactional documents
- Creation and review of contracts and agreements
- Creating LLCs, corporations, limited partnerships, and general partnerships
- Foreclosure and non-foreclosure alternatives (deeds in lieu, workouts and receiverships)
- Escrow and title matters
Kimball, Tirey & St. John LLP clients value the decades of experience of our transactional attorneys. This knowledge translates into savings and success in the management of your legal matters.
Kimball, Tirey & St. John LLP also assists clients with blended matters that require both litigation and transactional elements. Many Kimball, Tirey & St. John LLP attorneys handle both litigation and transactional matters. Knowledge gained in litigation helps our attorneys recognize ways to avoid conflict when drafting and reviewing documents. Transactional attorneys often assist with business solutions in litigation matters. We are equipped to craft and document real estate and business deals to reduce risk.
Employment and Labor
Kimball, Tirey & St. John LLP offers efficient and cost effective employment consulting and litigation services for businesses large and small. Our Employment attorneys work directly with clients to help strengthen their current employment practices and reduce unnecessary risk. We assist employers with navigating the complex issues that require an understanding of federal, state and local laws. We understand every business is different and every client’s goals differ, so we work hard to provide customized services to our clients.
Our attorneys have the knowledge, resources and expertise to represent our clients throughout the entire process, including pre-litigation resolution, arbitration, mediation, and if necessary, trial.
Our wide range of employment law services include employment counseling and training, preparation of employment agreements, policies and procedures, in-house investigations and defending all forms of employment litigation.
Sexual Harassment/Hostile Work Environment: Implemented an aggressive defense strategy that resulted in an impressive settlement that was .03% of plaintiff’s original demand.
Wage and Hour: Obtained a defense verdict in case where Plaintiff claimed over $400,000 in unpaid overtime.
Wage and Hour Appeal: Obtained a reversal on an appeal of a Plaintiff’s award for unpaid overtime while on-call for the employer.
Constructive Termination: Prevailed on Demurrer in a case against employer for constructive termination.
Americans with Disabilities Act
Kimball, Tirey & St. John LLP has significant experience defending both ADA and fair housing cases. Our attorneys have the knowledge and resources to help you minimize your risk of being a defendant in an ADA or fair housing lawsuit by reviewing your leases, legal documents, compliance procedures, and operational policies to ensure that you are protecting yourself from lawsuits.
Complaints filed for fair housing discrimination in residential rental property are at an all-time high. Tenants with disabilities are currently the primary source of fair housing violation claims followed by race/color and familial status (families with children).
Both residential and commercial property owners are subject to a dramatic upward trend in lawsuits based upon claims of alleged violations of the Federal Americans with Disabilities Act (ADA) and its California state law equivalent, the Unruh Civil Rights Act.
ADA lawsuits have become so rampant in California that they have been dubbed “drive by” lawsuits because plaintiffs will travel from building to building actively looking for technical violations on which lawsuits may be based.
This is why our clients look to us for preventing both ADA and fair housing lawsuits and providing a vigorous defense for these claims if they occur. In fact, we handle more fair housing complaints filed with enforcing agencies in California than any other law firm.
Kimball, Tirey & St. John, LLP offers unparalleled experience representing homeowners and homeowners’ associations. Our firm boasts an added value beyond the traditional boutique “HOA” law firm because our practice is not limited to providing general counsel services to homeowners’ associations, instead we provide advice and counsel (including litigation counsel) to a myriad of other individuals, property owners and business entity clients.
We can assist your homeowners’ association with every facet of representation including:
- Creation, revision, interpretation and enforcement of the Association’s governing documents
- Drafting and reviewing contracts with third-party vendors
- Providing opinion letters on matters of interest to the association
- Board consultation
- Litigation services in the fields of CC&R enforcement, construction defect, breach of contract(s) and homeowner disputes.
We provide legal services in the HOA arena including:
HOA Governing Document Review – To keep pace with rapidly changing requirements imposed on associations by state and federal law (including the Davis-Stirling Act), Associations modify and/or amend their CC&Rs and bylaws every few years to incorporate critical changes. On occasion, amendments are required to correct deficiencies unknowingly created by the association’s original developer. Over time adding amendments become increasingly cumbersome, so it can be less expensive to create a clean, restated document by replacing the old set with a new one.
Board of Directors Guidance – We provide legal guidance, analysis and effective representation to the Board of Directors on a wide variety of issues including, but not limited to, CC&R enforcement, homeowner disputes, directors’ fiduciary duties, as well as the Association’s relationship with third parties such as construction contractors, management companies and/or lending institutions.
Dispute Resolution – We prefer to keep you out of trouble by way of comprehensive and thoughtful on-going consultation. But in the event the Association is forced into litigation, our attorneys are equipped with the targeted experience to successfully tackle all of your litigation needs.
Without proper planning, the assets you’ve accumulated over a lifetime can quickly disappear. Kimball, Tirey & St. John LLP estate planning attorneys can you help minimize this risk by evaluating your estates and assisting in the controlling of assets, both before and after death and establishing the necessary documents through careful planning.
Our attorneys can assist you with:
- Revocable Trusts
- Healthcare Directives (Living Wills)
- Durable Powers of Attorney
- Asset Transfer Assistance
- Additional Estate Tax Planning
Kimball, Tirey & St. John LLP offers a full range of estate planning services to meet your unique needs. Our expertise has been recognized with one of our estate planning partner’s designation as a Certified Legal Specialist in Estate Planning, Trust and Probate by the State Bar of California, Board of Legal Specialization.
A Kimball, Tirey & St. John LLP estate planning attorney will analyze your unique situation and explain how proper planning can protect and maximize your wealth now and for future generations.
Trust & Estate Administration – Although avoiding probate is desirable, if you have lost a loved one who did not properly plan, you may need to initiate a probate to transfer their assets out of their name. Additionally, even with a Trust in place, it is advisable to have an attorney assist you if you have been named Trustee.
Kimball, Tirey & St. John LLP will help guide you throughout the process of a Trust or Probate (Estate) administration, including:
- Probate initiation, administration and distribution
- Trust administration
- Non-Probate and non-trust transfers of property
Conservatorships. Navigating the court system, especially in the conservatorship context is complex and challenging. Kimball, Tirey & St. John LLP can assist you with obtaining a conservatorship of the estate and of the person for an individual that is no longer able to make decisions for themselves or needs considerable assistance.
Litigation. Whether in the trust, probate, guardianship or conservatorship context, litigation is trying. So having legal counsel in the litigation environment is essential. As assertive advocates for their clients’ interests, Kimball, Tirey & St. John LLP have zealously litigated countless cases in probate court.
Adoption is a wonderful option for expanding your family, but the laws governing the process can be quite complex. Working with an expert in adoption law will help ensure that your adoption proceeds smoothly.
Our adoption attorney will:
- Provide an unbiased explanation of adoption methods and resources.
- Help you develop a legally sound adoption plan tailored to your specific needs.
- Explain your legal rights and the adoption laws in California.
- Assess the risks involved, including determining what costs are legally permissible and ensuring that the birth parents’ rights are legally terminated before placement is finalized.
- Review and negotiate adoption agency contracts to ensure that your interests are served.
- Clarify your options for post-placement arrangements, if any, with birth parent(s) and draft or review an agreement to ensure your best interests and those of the child are served.
Kimball, Tirey & St. John LLP can assist you with:
An independent adoption is one in which an agency is not involved and the birth parent(s) and the adoptive parents have a private arrangement for adoption.
Agency adoptions occur when adoptive parents hire an agency to locate a child for them to adopt. Agencies provide many services to adoptive parents, but they do not petition the court for adoption of the child. They may refer the adoptive parents to their preferred attorney and often insist the adoptive parents use that attorney. However, it is ultimately the adoptive parents’ choice when it comes to choosing legal representation. So take the time to find an attorney that you trust, are comfortable with and has your best interests at heart.
A stepparent adoption occurs when the stepmother or stepfather of the child petitions to be the legal parent of the child.
Domestic Partner Adoptions
In California, Domestic Partners may legally adopt their partner’s children through both independent and agency adoptions.
We have assisted clients with adult adoptions in many scenaros. Sometimes the clients have raised children, perhaps their niece or nephew or grandchildren, and, upon the child becoming an adult, all parties want to formalize the relationship. For an adult to adopt another adult, the adopting parent must be ten (10) years older than the adoptee.