Commercial and Business Litigation
- Commercial contracts litigation
- Corporate or partnership disputes
- Shareholder derivative lawsuits
- Insurance coverage
For sophisticated businesses, litigation is just as critical to success as any other strategy. The decision to litigate, whether to launch, defend or settle actions, depends on a delicate calculation, with the company’s marketplace opportunities and profitability ‘ perhaps even the future of the enterprise ‘ hanging in the balance.
The attorneys at Dack | Marasigan, LLP, are seasoned and pragmatic. We are well attuned to each client’s needs and provide clients with innovative and timely strategic counsel to help them make better-informed decisions, resolve complex legal challenges and achieve specific business goals.
Our attorneys are particularly adept at handling delicate negotiations among firmly entrenched parties. We understand that in certain circumstances our clients cannot envision coming to terms with an adversary. This is especially evident in cases when a company splits apart and disagreement about division of assets is highly contentious. In such cases, we provide clear-headed advice and a range of options to help bridge the chasm between dueling parties so they can reach agreements and avoid protracted fights that can easily distract from running the new businesses successfully.
Employment disputes can often have significant consequences for the employer and the affected employee(s). Our attorneys have represented both employers and employees in a wide range of cases, including:
- Workplace discrimination and/or harassment
- Wage and hour disputes including issues of overtime, meal time, rest break, vacation pay, and paystub violations
- Employee misclassification
- Wrongful termination
- Employee indemnification
- Employment contracts
- Trade secrets
- Disability discrimination
- Age discrimination
Our attorneys recognize that litigation, particularly for employers, is sometimes a ‘zero-sum’ proposition. Thus, in addition to assisting our clients after litigation has arisen, our attorneys also counsel clients with respect to their employment practices in an effort to curb litigation whenever possible.
Real Estate Litigation
Our attorneys have experience representing buyers, sellers, landlords, renters, and brokers in lawsuits concerning the sale and lease of real property interests. From lawsuits involving latent defects in real property, to disputes regarding title, to unlawful detainers our attorneys have the experience necessary to assist our clients in achieving their litigation goal. Our attorneys have represented clients in a wide variety of real estate disputes, including:
- Professional negligence involving brokers
- Quiet title actions
- Unlawful detainers
- Construction defect
- Long-term commercial lease disputes
The attorneys at Dack | Marasigan, LLP have extensive experience in counseling clients concerning construction related claims and representing them through trial. Our attorneys have represented contractors, homeowners, and commercial developers alike, providing insight, advice and, when necessary, representation in a lawsuit.
Whether your construction dispute involves contract, warranty or tort claims, you can depend on Dack | Marasigan, LLP to develop and execute a litigation strategy that best suits your needs. Our clients range from small builders and subcontractors to owners, developers, purchasers and homeowner associations. The scope of our construction litigation practice runs the full gamut from defects or warranty claims to complex multiparty actions involving developers, general contractors, subcontractors, lenders, guarantors, brokers and insurers.
Our attorneys understand that death or incapacity of a loved can be difficult, devastating and distressing. That is why it is important that wishes of a deceased or incapacitated loved one are fulfilled. Unfortunately, their wishes can only be surmised from wills and/or trusts that they leave behind. This can result in a myriad of disputes such as:
- Will contests
- Trust contests
- Conservatorship disputes
- Capacity disputes
- Trustee liability
- Creditor claims
The attorneys at Dack | Marasigan, LLP have experience representing heirs, beneficiaries, trustees, executors and creditors through trial.
Corporate and Business Law
Many people assume that a corporation is the only business entity that can be chosen when starting a new business. Selection of the most appropriate form of business organization (corporation, LLC,…) for any business enterprise involves consideration of many factors, including taxation, management structure, limitation of personal liability, capital structure, ownership succession, and the like. Our attorneys have the necessary knowledge and experience to assist clients in determining exactly how each of these factors may affect them and their business organization, and in blending all of these factors together to reach a conclusion concerning the most appropriate form of business entity. Our attorneys can assist you in selecting, forming, and/or reorganizing all types of business entities, including corporations, general and limited partnerships, joint ventures and limited liability companies. Other services in the Corporate/Business Law field include, but are not limited to:
Assisting business owners in purchase or sale of their business, including mergers and reorganizations Advising business owners regarding business succession issues, including buy-sell and stockholder agreements Counseling business owners regarding contract intellectual property and employment issues.
Contact an attorney at Dack | Marasigan, LLP today to discuss your options when it comes to choosing how you want to do business.
Personal Injury and Wrongful Death
Typical personal injuries include those to one’s person (such as assault, battery, negligence), or injuries to one’s property (such as trespass, conversion and nuisance). If you have suffered an injury (whether physical or emotional) you may have the right to file a personal injury lawsuit to recover everything you have lost (pain and suffering, doctor and hospital bills, medication, therapy, lost wages, future earning capacity, etc.). We handle personal injury and wrongful death claims throughout California in cases involving:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Dangerous property conditions
Our attorneys have recovered six and seven figure awards, verdicts and settlements for our clients, including recovering approximately $1,250,000 on behalf of a family that was struck by a drunk driver before a lawsuit was ever even filed. Our attorneys also obtained a pre-filing settlement of $175,000 from a landlord on behalf of a family that was exposed to carbon monoxide in their apartment. Our attorneys also recovered $600,000 in a pre-trial settlement against a municipality for a fall inside of a city bus. Contact an attorney at Dack Marasigan, LLP because they take personal injury cases personally.
Wills and Trusts
Under California law, if you do not otherwise express how you want your estate to be distributed after your death, your estate will be split among your “heirs at law.” Contrary to the belief of some, your wishes must be expressed in the form of a properly executed will or trust.
Our clients’ final wishes and desires are important not only to them, but to those they leave behind. The attorneys at Dack | Marasigan, LLP do their best to ensure that those wishes are fulfilled by assisting clients with preparing estate plans that include:
- Powers of attorney
- Title transfers