Santa Rosa Civil Litigation and Trial Attorney

Santa Rosa Civil Litigation and Trial Attorney

Attorney Daniel A. Bakondi, Esq. is a SuperLawyers rated civil litigation trial attorney representing clients in lawsuits around the Bay Area, including in Santa Rosa Superior Court of California in Sonoma County.  Attorney Bakondi focuses on business, real estate, commercial, securities, representing both Plaintiffs and Defendants.  Contact now for a free case evaluation.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102
Click for more info:

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.

Marin Real Estate Attorney

Attorney Daniel A. Bakondi, Esq. is a SuperLawyers-rated litigation attorney representing clients in lawsuits around the Bay Area, including in Marin County Superior Court of California in San Rafael.  Attorney Daniel Bakondi focuses on all types of real estate and real property civil litigation court and trial matters including real estate and property disputes, commercial property and lease matters, and securities including real estate investment disputes, representing both plaintiffs and defendants.  Contact now for a free case evaluation.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102
Click for more info:

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.  Copyright Daniel Bakondi 2017.

Real Estate Litigation Attorney San Francisco

Attorney Daniel A. Bakondi, Esq. is a SuperLawyers rated San Francisco real estate litigation attorney focusing representing client’s interests in difficult property lawsuits and disputes around the Bay Area, including in San Francisco, Sonoma, Santa Rosa, Marin, Contra Costa, San Mateo, Alameda Superior Courts, as well as Federal Court, and AAA, JAMS, and FINRA Arbitration.

Contact now for a free case evaluation at danielbakondi@yahoo.com  415-450-0424, or click for more info:

San Francisco Real Estate Litigation Attorney Daniel Bakondi at www.danielbakondi.com

Attorney Daniel A. Bakondi, Esq. and his team focus on the client’s needs first, and always seek to provide the highest quality legal services to be able to prevail in the courtroom.

As a real estate litigation attorney, services include:

  • residential and commercial real estate litigation attorney services

  • quiet title action attorney services

  • property rights, deed and ownership lawsuits

  • commercial and residential landlord tenant law and lease dispute litigation attorney services

  • representation of restaurant owners

  • real estate development project litigation attorney services

  • premises liability litigation attorney services

  • property injunction attorney services

  • Unique and complex property rights

Success in real estate litigation requires a strong understanding of the law and facts regarding the property involved in the lawsuit and surrounding facts, a strong client focus, and a determined understanding of the litigation process.

The focus for Attorney Daniel A Bakondi Esq. in real estate litigation is representing the client’s true interests.  Daniel Bakondi aims for 100% client satisfaction with every matter handled.

For more information and a free consultation, please contact via email or phone now.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102

Contact now for a free case evaluation at danielbakondi@yahoo.com  

415-450-0424, or click for more info:

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.

 

 

Business Litigation Attorney San Francisco California

Attorney Daniel A. Bakondi, Esq. is a San Francisco business litigation attorney focusing on complex and important civil lawsuits around the Bay Area, including San Francisco, Sonoma, Santa Rosa, Marin, Contra Costa, San Mateo, Alameda Superior Courts, as well as Federal Court, and AAA, JAMS, and FINRA Arbitration.

Attorney Daniel A. Bakondi, Esq. and his team focus on the client’s needs first, and seek to provide the highest quality legal services to be able to prevail in the courtroom.

Contact now for a free case evaluation at danielbakondi@yahoo.com  415-450-0424, or click for more info:

San Francisco Business Litigation Attorney Daniel Bakondi at www.danielbakondi.com

As a business litigation lawyer, services include:

  • Corporate and shareholder dispute litigation attorney services.

  • Commercial business litigation attorney services.

  • Litigation disputes over breach of duties to shareholders.

  • Breach of contract, contract damages and enforcement litigation attorney services.

  • Mergers and acquisitions litigation.

  • Derivative suits litigation attorney services.

  • Intellectual property litigation attorney services.

  • Business fraud litigation services.

  • Unfair competition and unlawful and unfair business practices.

  • Intentional and negligent interference with contractual relations.

Success in business litigation requires a genuine interest in the business at hand, a strong client focus and a determined understanding of the litigation process.

Lawsuits often arise or are prolonged unnecessarily for various reasons, and the focus for Attorney Daniel A Bakondi Esq. is representing the client’s true interests.  Often times in litigation, neither side properly understands the merits of the other side’s case, or the options for resolving them.  Daniel Bakondi aims for 100% client satisfaction with every matter handled.

For more information and a free consultation, please contact via email or phone now.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102

Contact now for a free case evaluation at danielbakondi@yahoo.com  415-450-0424, or click for more info:

San Francisco Business Litigation Attorney Daniel Bakondi at www.danielbakondi.com


IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.

 

 

Top Attorney for Ethereum, Bitcoin, Cryptocurrency litigation and arbitration, trading loss liability, flash crash and fraud lawsuits

Ethereum, Bitcoin and Cryptocurrencies Litigation and Arbitration Attorney

Attorney Daniel Bakondi’s focus on securities and investment litigation, FINRA securities arbitration and AAA arbitration includes representation of clients related to Ethereum and bitcoin trading and investments.

As a top Ethereum attorney and Bitcoin lawyer, Attorney Daniel A. Bakondi, Esq. is familiar with cryptocurrencies like Ethereum and Bitcoin, its trading, trading exchanges and platforms, status with the SEC, as well as the positions and arguments related to crypto-currencies.   Attorney Daniel Bakondi represents clients in various matters related to account disputes, broker disputes, trading losses, flash crashes, trading platform and exchange disputes including GDAX CoinBase Inc., Cryptsy, Coindesk, Digital Currency group, Kraken, and others.

Attorney Bakondi has practiced in the areas of securities fraud, AAA, JAMS and FINRA arbitration, broker and financial advisor disputes, negligence, breach of fiduciary duty, failure to disclose, dealer liability, unauthorized trading, technical failures and errors, fraud, and breach of contract related to many types of investments.

If you need legal representation related to these matters, please contact for a free consultation by email or phone.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  (preferred contact)
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.

 

Adverse Possession Attorney, acquire title to property, squatter’s rights, abandoned, foreclosed, or dilapidated property, real estate investing

How squatters, trespassers and real estate investors can gain title to property in California by the legal process of “Adverse Possession” and gain full ownership of property without purchasing it.

Attorney Daniel Bakondi focuses on the law of adverse possession and represents clients in the legal process helping them understand whether they have met the strict legal requirements, and representing them in the process of gaining title to the property by adverse possession.  Attorney Daniel Bakondi has successfully represented and helped possessors of real property file a quiet title action and acquire title lawfully through the court process, and counsels clients on all aspects of the process of title acquisition by adverse possession.

Squatter’s rights California ca and adverse possession frequently asked questions (FAQ):

How can I get title to property by adverse possession?

In California, per the law of adverse possession, or what some call “squatter’s rights”, if a trespasser or squatter moves into and occupies property, for example an abandoned property, for 5 years, and meets a number of specific legal requirements, including maintaining and paying the taxes due, that person can file legal action to quiet title and become the lawful, record title holder and owner.

Who can acquire title?

Generally, almost any person can obtain property by adverse possession.  Typically they are:

  • Squatters with no previous rights
  • Trespassers
  • Relatives or friends of the former property owner
  • Investors in real estate who move into and improve property
  • Those with rights to land or property but without legally recorded title
  • Those with some claim to property without title
  • Those with or without a written instrument giving some claim to the property
  • Neighbors who own property nearby and have moved a fence or have begun use of their neighbor’s property

What is the purpose of squatter’s rights or the law of adverse possession?

The purpose of adverse possession is that the law finds it better that property be well kept, maintained, and taxes be paid; rather than go to waste, sit abandoned, or left to ruin by the former owner.  Other times, someone is in possession of property they do not have record title of, for example, if a former owner was a relative who passed away or moved.  If a deceased relative or friend owned property and passed away and did not record title in your name, it is possible to quiet title in your name through the legal process, obtain a judgment granting you ownership.  Whether you have a claim or rights to property without full documentation, or no documentation, it is possible to quiet title in your name by the process of adverse possession.

Must I be in possession of the property for at least 5 years?

Yes, and have timely paid all the taxes assessed on the property.  Think of the 5 years as a statute of limitations or time limit for the former owner to bring eviction proceedings to remove you from the property.  If the former owner’s time to eject an occupant has expired, your rights to the land may change legally.  However, unless you bring an action to quiet title in your name, the grant deed recorded will still have a former owner, and you will not formally have record title.  You will not be able to sell the property.  You may have trouble getting permits, insurance, and other things.  And, it may in some cases be possible to legally remove you from the property even after 5 years.

Can you really get property really free?

It is possible to acquire the property with legal title recorded in your name with a grant deed without purchasing the property, including without needing any mortgage (no down payment or monthly payments.)  However, there are a number of costs and requirements including paying taxes, improving and maintaining the property.

What taxes need to be paid and how?

Adverse possession requires that all taxes assessed on the property be paid for a minimum continuous period of 5 years.  This also gives notice to any person, that if someone else is paying your taxes, they may be claiming rights to that property.  The legislation recently changed the law with regards to Section 325 regarding the requirements for adverse possession, by adding to the tax requirement that they be “timely” paid.  This requirement is intended to prevent investors, speculators, and others looking to become owners of property without having met the other elements, by preventing the taxes from being paid off in a lump sum payment.  Attorney Bakondi can advise you regarding how to meet this requirement.

What kind of property can be acquired by adverse possession?

Almost any kind of real estate or real property can be acquired by adverse possession, large or small, with some exceptions.  Land, residential housing, houses, buildings, real estate investment property, commercial, residential, vacation homes, single family units, multi-family units, duplex, triplex, retreat properties.  Generally government land is more difficult to acquire by adverse possession.

Is there a difference between acquiring residential versus commercial property by adverse possession?

There are some differences based on the nature of the property.  The nature of the occupation and possession may affect the rights.  For example, occupying an abandoned warehouse or office building by adverse possession will have some different requirements than a single family residential house, a farm, or vacant land or hunting land.

Are squatter’s rights and adverse possession legal?

Being unlawfully present on or in possession of real property you have no rights to may not be legal, depending on the circumstances.  It may constitute trespassing, and you need attorney counsel regarding trespassing and other laws.

Can I move into abandoned or vacant property and fix it up and maintain it and eventually get title in my name?

This is essentially what adverse possession law allows you to do.  The government prefers that property be maintained, and taxes be paid, rather than have it sit abandoned, and therefore encourages improvement and compliance with the law and payment of taxes rather than properties going to waste, and sitting in disrepair and causing a nuisance.  However, it is not advisable to do this without fully understanding the law as there are a number of risks, including your costs and expenses in fixing and maintaining the property, and the taxes you pay, which may or may not be recoverable.  It is important to have an attorney advise you, as courts are hesitant to grant title by adverse possession unless all of the elements have been strictly met.

I am in possession of an abandoned, vacant or other property – now what?

If you have possessed or occupied real property for at least 5 years and believe you have met all the requirements, want to assess your rights under the law of adverse possession, or want representation in bringing the legal steps to become record owner on title, contact Attorney Bakondi for a consultation now.

Can I gain title to property that is owned by a bank? 

Yes, if a bank or mortgage company allows property to sit in disrepair and fails to maintain it, it is possible.  However, this generally cannot happen when you are in a mortgage relationship with the bank.

How do properties become vacant or abandoned?

Sometimes a former owner dies, moves away, forgets about it, becomes ill, or can’t pay the taxes.  Sometimes the property is part of a corporation or trust whose owner dies or goes bankrupt.  Sometimes a principal of an organization who owns the property abandons their obligations, does not know about the property, or moves out for whatever reason and leaves the property.

What is a quiet title action?

A quiet title action means, literally means to quiet any disputes regarding ownership of title, or in other words, to determine the true and proper owner and adjudge him or her to be the property owner.

What is the legal process like to obtain title by adverse possession?

First, you need proper legal counsel to know all the legal requirements for adverse possession and how to meet them.  This may involve dealing with the county recorder’s office, assessor’s office, and other persons or government agencies.  Then, if you have met the necessary prerequisites, Attorney Bakondi may represent you in filing a quiet title action, which is essentially a lawsuit to give you title.  The ultimate goal of this is a court judgment which declares you the owner, and orders the county to record a grant deed in your name.  Such lawsuits may be intricate and complex, with success depending on a number of factors and steps executed properly, and Attorney Bakondi has successfully brought such legal action based on adverse possession to quiet title for clients.

Can a tenant acquire title by adverse possession against a landlord?  

Generally no, because a tenant is there with permission to be a renter, assuming everything was done properly.  But if the tenant is not paying rent but staying in the property, there may be an issue.  First, a tenant would have to give legal notice of refuting the tenancy for the 5 year period to start, at which point the landlord would likely bring eviction proceedings.

Can I acquire a large part of my neighbor’s land just by moving a fence?

It is tricky because you typically will not be paying taxes on your neighbor’s land, unless the tax assessor’s office makes specific changes.

Can someone be on a property for 2 years, leave, and later come back for another three?

No, to acquire title by adverse possession, your presence on the property must be “continuous.”  The legal definition of continuous is specific and complex, and Attorney Bakondi can help you understand the requirements for meeting this element of title acquisition.

Can an adverse possessor rent the place to someone else during the time period when they do not have record title yet?

Yes.  And they may be able to collect rent, and eventually obtain title counting the tenant’s time as part of the 5 years required.  As long as the occupier treated it as their own, and gave permission to a tenant under their rights, this might work in some cases.

Can you be removed, evicted, or be found to be in unowned or unclaimed property illegally before the 5 years have run?

Yes.

Can an adverse possessor simply visit the place occasionally?

No, the adverse possessor’s present and claim of possession must be open, obvious, and hostile to any claimed ownership by anyone else.  If a true owner visits, it must be clear that someone else is claiming possession to the property.

How do I gain property without paying for it by adverse possession or squatter’s rights in California? 

Only a qualified attorney can guide you through the process, but the elements generally are as follows.  Your possession of the property must be:

  1. Adverse or hostile – Your possession of the property must be adverse, meaning hostile or in opposition to any other’s rights and claim of title.  You cannot be an invited guest, a tenant, or there with permission.  Attorney Bakondi can advise you based on your specific facts whether you have met this requirement against a former owner, record title owner, landlord, bank, or former or other deed holder.
  2. Actual – You must actually possess the property and be present on the property.  The type of presence legally necessary varies depending on the facts and the nature of the property.
  3. Open – You possess the property openly against the rights of any others who may claim ownership.  This means your presence there must be obvious in a manner as to give notice to anyone else claiming rights to the property, for instance, if they are driving by, to put them on sufficient legal notice that someone else is in possession of the property.  Attorney Bakondi can advise you regarding the specific acts necessary to establish this element.
  4. Exclusive – You must be the exclusive possessor.
  5. Continuous and uninterrupted – Your possession of the property must meet this requirement as defined by law, for at least the statutory period of 5 years.  There are exceptions.
  6. Taxes – You must pay all taxes of every type assessed against the property, including “have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years.”

This is only a general summary and does not contain all the elements or requirements.

Only a qualified California real estate attorney with experience in adverse possession like Attorney Daniel Bakondi can advise you regarding how to meet the specific procedures and requirements of adverse possession, and represent you in bringing the legal process to obtain judgment declaring you owner, and to have title recorded in your name.

If you are looking for counsel on how to obtain title to real estate property by adverse possession, contact Attorney Daniel Bakondi for a consultation.

Best,
Daniel Bakondi, Esq.
Preferred contact is by email at danielbakondi@yahoo.com 
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.
This page was updated July 6, 2017 7.2.2017 Copyright (c) Daniel A. Bakondi, Esq.

California Laws Dealing With Adverse Possession and gaining title to property by squatter’s rights

(not meant to be legal advice or a complete list)

321. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action.

(Enacted 1872.)

322. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent Court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract.

(Enacted 1872.)

323.  For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved;

2. Where it has been protected by a substantial inclosure;

3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant;

4. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

(Enacted 1872.)

324. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely.

(Enacted 1872.)

325. (a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

(1) Where it has been protected by a substantial enclosure.

(2) Where it has been usually cultivated or improved.

(b) In no case shall adverse possession be considered established under the provision of any section of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed. Payment of those taxes by the party or persons, their predecessors and grantors shall be established by certified records of the county tax collector.

(Amended by Stats. 2010, Ch. 55, Sec. 1. Effective January 1, 2011.)

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Sacramento County

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  • Isleton
  • Rancho Cordova
  • Sacramento

San Benito County

  • Hollister
  • San Juan Bautista

San Bernardino County

  • Adelanto
  • Apple Valley
  • Barstow
  • Big Bear Lake
  • Chino
  • Chino Hills
  • Colton
  • Fontana
  • Grand Terrace
  • Hesperia
  • Highland
  • Loma Linda
  • Montclair
  • Needles
  • Ontario
  • Rancho Cucamonga
  • Redlands
  • Rialto
  • San Bernardino
  • Twentynine Palms
  • Upland
  • Victorville
  • Yucaipa
  • Yucca Valley

San Diego County

  • Carlsbad
  • Chula Vista
  • Coronado
  • Del Mar
  • El Cajon
  • Encinitas
  • Escondido
  • Imperial Beach
  • La Mesa
  • Lemon Grove
  • National City
  • Oceanside
  • Poway
  • San Diego
  • San Marcos
  • Santee
  • Solana Beach
  • Vista

San Francisco City & County

  • San Francisco

San Joaquin County

  • Escalon
  • Lathrop
  • Lodi
  • Manteca
  • Ripon
  • Stockton
  • Tracy

San Luis Obispo County

  • Arroyo Grande
  • Atascadero
  • El Paso De Robles
  • Grover Beach
  • Morro Bay
  • Pismo Beach
  • San Luis Obispo

San Mateo County

  • Atherton
  • Belmont
  • Brisbane
  • Burlingame
  • Colma
  • Daly City
  • East Palo Alto
  • Foster City
  • Half Moon Bay
  • Hillsborough
  • Menlo Park
  • Millbrae
  • Pacifica
  • Portola Valley
  • Redwood City
  • San Bruno
  • San Carlos
  • San Mateo
  • South San Francisco
  • Woodside

Santa Barbara County

  • Buellton
  • Carpinteria
  • Goleta
  • Guadalupe
  • Lompoc
  • Santa Barbara
  • Santa Maria
  • Solvang

Santa Clara County

  • Campbell
  • Cupertino
  • Gilroy
  • Los Altos
  • Los Altos Hills
  • Los Gatos
  • Milpitas
  • Monte Sereno
  • Morgan Hill
  • Mountain View
  • Palo Alto
  • San Jose
  • Santa Clara
  • Saratoga
  • Sunnyvale

Santa Cruz County

  • Capitola
  • Santa Cruz
  • Scotts Valley
  • Watsonville

Shasta County

  • Anderson
  • Redding
  • Shasta Lake

Sierra County

  • Loyalton

Siskiyou County

  • Dorris
  • Dunsmuir
  • Etna
  • Fort Jones
  • Montague
  • Mount Shasta
  • Tulelake
  • Weed
  • Yreka

Solano County

  • Benicia
  • Dixon
  • Fairfield
  • Rio Vista
  • Suisun City
  • Vacaville
  • Vallejo

Sonoma County

  • Cloverdale
  • Cotati
  • Healdsburg
  • Petaluma
  • Rohnert Park
  • Santa Rosa
  • Sebastopol
  • Sonoma
  • Windsor

Stanislaus County

  • Ceres
  • Hughson
  • Modesto
  • Newman
  • Oakdale
  • Patterson
  • Riverbank
  • Turlock
  • Waterford

Sutter County

  • Live Oak
  • Yuba City

Tehama County

  • Corning
  • Red Bluff
  • Tehama

Trinity County

  • No Cities

Tulare County

  • Dinuba
  • Exeter
  • Farmersville
  • Lindsay
  • Porterville
  • Tulare
  • Visalia
  • Woodlake

Tuolumne County

  • Sonora

Ventura County

  • Camarillo
  • Fillmore
  • Moorpark
  • Ojai
  • Oxnard
  • Port Hueneme
  • Santa Paula
  • Simi Valley
  • Thousand Oaks
  • Ventura

Yolo County

  • Davis
  • West Sacramento
  • Winters
  • Woodland

Yuba County

  • Marysville
  • Wheatland

 

What to do if you have been sued? San Francisco Civil Lawsuit Defense Lawyer; Civil Court Litigation and Arbitration Defense Attorney for business, real estate, securities, intellectual property, and tort

Attorney Daniel A. Bakondi Esq. is a SuperLawyers-rated civil litigation defense attorney who has been successfully defending clients sued in civil lawsuits for over a decade.  As a lawsuit defense lawyer, Attorney Bakondi focuses on a proper initial assessment of the lawsuit, and providing a strong defense, advising and representing you in your best interest.  Sometimes, lawsuits are meritless or frivolous, and can be dismissed without you ever having to attend court or deposition.  Proper analysis, combined with filing of a proper response in court, is key to getting the case dismissed, or resolved as quickly as possible through negotiation.  The other side’s attorneys often do not know the weaknesses of their case, or the strengths of your defenses or possible countersuit.   Having competent counsel attack the weaknesses of their case, while knowing what not to do, is key.

If you have been sued, or if your business has been named in a lawsuit, you must act immediately.  You may have as little as 20 or 30 days (depending on the forum) from the date you were served to file a response in court or arbitration.  If you fail to do so, you may be in default, have default entered against you, and face default judgment, which means you may lose without any right to court proceedings, whether or not the lawsuit had merit!  You will lose your right to defend against even a frivolous lawsuit.  In such case, the other side may obtain judgment and begin collections for your lack of having taken action to defend the lawsuit.

  • What if my company or business has been sued? Can I represent my company?

Appearing in pro per, meaning representing yourself, is not advisable in any case.  However, it is generally not permissible for a company or business you own.  Only an attorney can appear for an entity.

  • When does the time to respond begin to run from?

The time to respond generally runs from the date you were served.  Often times, it is not clear when that is.  It is often not the date the complaint was filed, but may be.  Sometimes your business was served and you were not personally served.  The date of service may be on the proof of service, but may not be.  And, that date may be in correct legally.  Because the date of service of process is a legal question, typically the opposing attorney will have a legal position on when service took place, but that attorney may also be incorrect.  You need to hire an attorney to determine when your response is due, and file a proper response in the time allowed to avoid potential loss of your rights.

  • What type of response is required to a lawsuit?  Can you respond yourself?

It is not advisable to defend a lawsuit yourself, even if you feel the claim has no merit.  You may not know your best defenses, or what you may inadvertently admit that will later be used against you.  Only an experienced attorney can assess the nature of the case against you, and determine the appropriate response.  Sometimes, that response is a motion to dismiss.  These motions explain to the court why the complaint against you may be legally insufficient, and allow for dismissal without trial.  There are infinite reasons why the person suing you may not have a legal right to pursue the lawsuit against you, warranting dismissal.  There may be a jurisdictional issue.  There may be problems with their pleadings and its legal allegations.  They may have filed in the wrong court or forum.  If you have been sued in court while there is an applicable arbitration clause, a proper motion to dismiss the case or compel arbitration may even provide for attorneys’ fees to you.  The case may be time-barred by the state of limitations, meaning even if valid, you may have been sued too late.

Only a qualified attorney can file a proper response.  If an Answer is the appropriate response, you likewise need an attorney who can prepare the proper documents to file.  You do not want to take unnecessary risks in possibly waiving your rights or admitting something that will be used against you later.  Sometimes, a failure to properly deny something may constitute an admission!

  • Will the other side want to negotiate?

Maybe, but not while they have a complaint pending against you and you have not responded.  At this point, you are facing default if you do not respond, and your move is to hire an attorney, prepare and file the appropriate response and defense.  Only then will you have a position from which you can negotiate seriously.  It is not advisable to send any communications to the other side regarding the matter – you may inadvertently help prove the other side’s case without intending to.  Remember, anything you say can AND WILL be used against you, while often stated as part of a criminal arrest, the same can be applied to civil matters.  Only an attorney can assess the case, your legal rights, and how to best protect them.

If you are being sued, or have been served with a lawsuit, you must contact an attorney immediately to understand your rights and options.  Often times, lawsuits may have no merit, and can be dismissed by an effective law firm without trial.

Attorney Daniel A. Bakondi is a SuperLawyers rated attorney with over a decade of experience in litigation including federal court, state court, and arbitration including FINRA securities arbitration representing and defending a wide variety of individuals, businesses and organizations.  Attorney Bakondi is available to provide a defense in San Francisco, San Mateo, Marin, Contra Costa, Santa Rosa, Sonoma, Napa, around the Bay Area, throughout California, and in AAA, JAMS, and FINRA arbitrations nationwide.

Contact immediately for a free consultation.

Regards,

Attorney Daniel A. Bakondi, Esq.
danielbakondi@yahoo.com  
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1157
San Francisco CA 94102

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into.  Attorney licensed in California only.  Your issue may be time sensitive and may result in loss of rights if you do not act in time.  Thank you.