BUSINESS & CORPORATE LITIGATION
Contracts, Corporate, and Competition
Litigation and threatened litigation in a business context requires specialized knowledge and experience. Business disputes and litigation inherently provoke management considerations and judgement. We believe that the most effective counsel and representation is afforded by attorneys having broad business experience and acumen. The primary focus of our firm has always been business litigation and that experience extends across various industries and professions.
In short, we know business. Moreover, we learn the unique characteristics of each business we represent, in order to assure that our services are tailored to the specific needs and objectives of that business. This approach allows us to effectively handle any kind of dispute or litigation in which our business clients might need assistance.
REAL ESTATE LIGITIGATION
Construction & Development, Title, and Ownership Disputes
With Experience stretching back to 1976, Mr. Rudolph has been the firm's driving force in real estate litigation. The firm has successfully litigated cases involving land use regulation, the California Environmental Quality Act, real estate syndications, secured real estate loans, title defects, leasing, subsidence, and nuisance. He has specific expertise in the area of loans secured by residential real property, and has represented lenders, mortgage guaranty insurers, borrowers, and title insurers in actions concerning residential mortgages.
We have acted as ongoing counsel for developers, contractors, large landowners, mortgage guaranty insurers, and title insurers, handling litigation, threatened litigation, contract negotiation and drafting, risk management, and strategic case management.
TRUST & ESTATE LITIGATION
The firm represents clients in will contests, trust disputes, conservatorship proceedings, and elder abuse claims. We often represent the executor of an estate in defending against claims to set aside a will testamentary trust. We have also represented claimants, seeking to invalidate a will or trust.
In one series of cases involving the same multi-million dollar estate, Mr. Rudolph tried a conservatorship action on behalf of the proposed conservatee, prosecuted an appeal from the trial court’s imposition of a conservatorship, and successfully tried a later action against the bank/trustee of the estate for breach of fiduciary duties.
The firm's appellate practice includes prosecuting and defending civil appeals from judgements and appealable orders of trial courts, and prosecuting and defending petitions for extraordinary writs.
Our firm has handled appeals dealing with such diverse issues as trial procedure, corporate governance, evidence, summary judgements, pleadings, fiduciary duties, sale of public property, real estate acquisitions and title issues; commercial landlord-tenant disputes, and family law issues. The firm obtained a rarely granted writ of supersedeas, which was granted by the Fourth District California Court of Appeal, Division Three (San Diego), in a case involving the preservation of the client's privilege against disclosure of information communicated during the client's prior relationship with another law firm.
As an integral part of the firm's appellate practice, we consult with other trial attorneys, both during and after trial, to assist in formulating strategies for making a proper record to enhance an ultimate appeal, and satisfying the procedural steps prerequisite to an appeal; and to evaluate the substantive merits of a prospective appeal.
BUSINESS & REAL ESTATE TRANSACTIONS
Construction & Development Contracts, Corporate, Distribution & Sale, Employment, Entertainment, and Licensing
The firm's transactional practice is limited to those particular areas in which we have gained expertise through our litigation practice. Clients began to recognize, even before we did, that our litigation experience gives us the ability to view a transaction in the manner in which it will be viewed in court, if a dispute arises. This allows us to prepare and negotiate transactional documents in a way that better safeguards our client's interests, intentions, and objectives, in the event of litigation.