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A native of Southern California, Chris Xouleis graduated from UCLA with a degree in psychology. Deciding that he wanted a change from the sunshine and temperate climate of California, Mr. Xouleis decided to head east to Rhode Island to attend law school at Roger Williams University School of Law, where he received accolades for his work in public sector law. In addition, while in law school, Mr. Xouleis externed with the Executive Counsel for the Rhode Island Office of the Governor, where he not only sharpened his writing and research skills, but also gained valuable experience navigating large bureaucracies.
After graduating from law school, Mr. Xouleis worked as an attorney representing one of the largest healthcare companies in America, as well as gaining valuable experience in various business related areas of the law. Mr. Xouleis joined the Firm as an associate in 2019, and he is currently focused on representing homeowners in HOA disputes as a key member of the Firm’s pre-litigation team.
Email:
cxouleis@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
Justin Walley graduated from the University of Southern California with a bachelor’s degree in communications. Mr. Walley went on to earn his law degree from the University of San Diego School of Law.
During and after law school, Mr. Walley gained legal experience in several different fields, including criminal defense, estate planning, labor/employment law, and real estate law. Mr. Walley also worked for one of the largest telecommunications infrastructure companies in the country, where he learned how to interact with local government to facilitate the acquisition of real property, resolve encroachment disputes, and remedy contractual issues. Mr. Walley joined LS Carlson Law’s litigation team in 2019.
Email:
jwalley@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born in Vietnam and raised in San Diego, Mr. Tran attended the University of San Diego, where he received his undergraduate degree in business economics, summa cum laude. After college, Mr. Tran earned his law degree from the University of California at Los Angeles School of Law. During law school, Mr. Tran served as a judicial extern for then-district court Judge Richard A. Paez, who now sits on the United States Court of Appeals for the Ninth Circuit.
Prior to joining LS Carlson Law, Mr. Tran represented shareholders and investors in securities fraud class actions and other complex litigation matters. Mr. Tran also previously served as a prosecutor, first as a Special Assistant United States Attorney for the Southern District of California, and later as a Deputy City Attorney with the San Diego City Attorney’s Office, where he successfully prosecuted several cases.
In addition to securities fraud, Mr. Tran has litigation experience in business and real estate disputes.
Email:
ptran@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Steven Shack is an associate in the Boca Raton, Florida office. Steven obtained his Bachelor of Arts from Pennsylvania State University in 2011. Steven went on to earn his Juris Doctorate from St. Thomas University School of Law in 2016 earning the CALI Excellence for the Future Award (“Book Award”) in Pre-Trial Practice, Professional Responsibility, and Guardianship.
During and after law school, Steven gained legal experience in several different fields, including estate planning, probate, and property damage claims. He is admitted to practice before the Courts of Florida and the U.S. Southern District of Florida. Steven is a member of the firm’s pre-litigation team, focusing on representing homeowners in HOA disputes.
Email:
sshack@lscarlsonlaw.com
Telephone:
(561) 462-2470
Fax:
(561) 462-2471
Real Estate
A native of Southern California, Mr. Micheil attended the University of California at San Diego, where he earned his bachelor’s degree in political science. After college, Mr. Micheil earned his law degree from the Chapman University School of Law.
During law school, Mr. Micheil was president of the Mock Trial team and a member of the Alternative Dispute Resolution team, where he was a national semifinalist in the American Bar Association’s Negotiation Competition. Mr. Micheil also earned two CALI Awards for his excellent scholarship.
Mr. Micheil joined LS Carlson Law’s litigation department in 2020. Mr. Micheil has experience and knowledge in business and real estate, construction defect, and consumer financial services litigation.
Email:
smicheil@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Mr. Mahar, raised in the Inland Empire, is an alumni of the University of Connecticut where he graduated as an Honors Scholar with a degree in political science and was a member of the Varsity Swim Team, earning multiple All-Big East Academic Honors and the UConn Captain's Award. He obtained his Juris Doctor from Roger Williams University School of Law, where he completed internships with Corporate Counsel Department of Metlife Auto and Home, Gunning & LaFazia, Inc., and the Roger Williams University School of Law Legal Writing Department. Mr. Mahar also served as Student Editor for the American Bar Association "State-by-State Guide to Construction and Design Law, Second Edition," supervised by the law firm of Little Medeiros Kinder Bulman & Whitney and won a CALI Award in Legal Methods II for authoring the best appellate brief. Mr. Mahar also served as President of the Sports and Entertainment Law Society and as a Graduate Assistant Coach with the Roger Williams University Varsity swim teams.
After obtaining his law degree, Mr. Mahar served as an Associate Attorney at the Law Office of George J. West and Associates in Providence, Rhode Island, where he prepared appellate briefs for indigent criminal defendants and represented clients in a wide range of legal matters in Rhode Island and Massachusetts. He thereafter returned to California and served as a Staff Attorney at the Law Office of Katherine Anderson, gaining valuable extensive trial experience representing parents, guardians, and minors in juvenile dependency proceedings.
Prior to joining LS Carlson Law, PC, Mr. Mahar then spent nearly a decade as a Senior Associate Attorney at the Hellenkamp Law Firm representing corporate and individual clients including multi-national corporations, financial institutions, professional athletes, business owners, real estate developers, brokers and shareholders in a wide range of contract disputes, real estate, fraud, business tort and unfair business practices claims, valued upwards of $80 Million. Mr. Mahar is experienced in representing clients in all phases of litigation and in his free time is an elite amateur triathlete, who has competed at the Ironman 70.3 World Championships.
Email:
tmahar@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Real Estate Law
Business Law
Taylor E. Hubbard, a transplant from Northern California’s Bay Area, obtained his bachelor’s degree from Arizona State University and his juris doctorate from Western State College of Law in Southern California. Mr. Hubbard is admitted to the California State Bar and has experience in civil litigation dating back to 2012.
Prior to getting involved in litigation, Mr. Hubbard worked for several years in the real estate lending services industry processing non-judicial foreclosures, supporting property management services, and handling title curative-related issues. Mr. Hubbard regularly practices in the state and federal courts throughout California focusing primarily on real estate and business litigation, including affirmative and defensive Quiet Title litigation, title curative matters, complex title and land disputes, title fraud, mortgage loan fraud, and disputes between homeowners and their HOAs. Mr. Hubbard is also a member of Girls Inc. of Orange County’s Dads for Daughters and the California Mortgage Association.
Email:
thubbard@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Real Estate Law
Business Law
Ms. Daws grew up in Orange County, and attended Baylor University, where she graduated with a bachelor’s degree in political science and a minor in business administration. After obtaining her undergraduate degree, Ms. Daws attended law school at the Chapman University School of Law, where she earned seven CALI Awards for her superior scholarship and graduated cum laude.
Since joining LS Carlson Law, Ms. Daws has put her intelligence and excellent research and writing skills to work in the firm’s complex motions practice and appeals team.
Email:
sdaws@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
After graduating from the UC Santa Barbara, Mr. Davies attended the Willamette University School of Law in Salem, Oregon, where he distinguished himself as a legal scholar and writer.
Since obtaining his law degree in 1997, Mr. Davies not only gained vast experience representing some of the automotive industries largest institutional lenders like Ford, Chrysler, Mercedes-Benz, and Toyota, but he also spent years honing his skills representing his clients in a variety of complex business and real estate disputes.
When Mr. Davies joined LS Carlson Law as a litigation associate in 2019, he brought with him over two decades of solid business and real estate expertise. At LS Carlson Law, Mr. Davies has distinguished himself as a valuable member of the Firm’s special motions, appeals, and projects team.
Email:
rdavies@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Mr. Calkins joined LS Carlson Law’s pre-litigation department in 2019, bringing with him almost two decades of valuable litigation and transactional experience. A native of Southern California, Mr. Calkins obtained his undergraduate degree from San Diego State University and his law degree from Western State University School of Law.
While Mr. Calkins’ practice at L.S. Carlson Law is currently focused on representing homeowners in disputes with their HOAs, he has vast knowledge and experience in all manner of real estate and business transactions and litigation.
Mr. Calkins’ extensive legal knowledge, innate intelligence, and easy-going manner make him the ideal negotiator, as well as a favorite with the Firm’s clients and the mediators he appears before.
Email:
jcalkins@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
Ms. Honey was born in South Korea, grew up in Orange County, and resides in Oregon. She received her undergraduate degree in political science at UCLA and her law degree at Southwestern Law School in 2005. Ms. Honey received her legal master’s in Taxation from Chapman University School of Law in 2010.
After obtaining her law degree, Ms. Honey gained invaluable experience in civil litigation and contract disputes. She handled all phases of litigation including successfully representing clients in trial.
Drawing upon her litigation experience, Ms. Honey now practices exclusively in the area of trusts, wills, estate planning, and succession planning with special expertise in advising high net worth individuals and administering taxable estates, including the preparation and review of estate tax returns. Ms. Honey has drafted, planned, and administered various irrevocable trusts, such as special needs trusts, charitable remainder trusts, intentionally defective grantor trusts, GST trusts, and dynasty trusts.
Applying her experience from business litigation, she tailors every estate plan to maximize inheritance and minimize liabilities and costs for individuals, families, and businesses.
Email:
lhoney@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Estate Planning
A native of Florida, Jeffrey Kominsky is a Partner in the Florida office of L.S. Carlson Law as well as the office’s Chair of the Litigation Practice Group. Mr. Kominsky’s practice focuses on civil litigation matters, including business litigation and real estate litigation. Mr. Kominsky is experienced handling commercial disputes and business conflicts including breach of contract, negligence, breach of fiduciary duty, fraud, and civil theft. Mr. Kominsky recently joined the Firm after working as a Partner at the 7th largest law firm in the United States. He has experience serving as counsel on complex and nationally recognized litigation cases in the State of Florida. He has also advised clients ranging from proactively asserting rights to defending off high-risk exposure. Mr. Kominsky has successfully represented clients in all phases of litigation, including mediations, arbitrations, trials and appeals. Mr. Kominsky’s clients have been featured in local, state and national tv/newspapers such as U.S. News & World Report, CNN, ESPN, the Miami Herald and Tampa Bay Times and the Palm Beach Post.
Prior to entering private practice, Mr. Kominsky honed his legal skills while interning for the U.S. Department of Justice in Washington D.C. and the Civil Rights Section of the Office of the Ohio Attorney General. From 2002 through 2005, Mr. Kominsky interned with the Minnesota Vikings, reporting directly to former Vikings owner, Red McCombs. Mr. Kominsky’s interest in sports law/business continued into his studies at law school as the Founder & Chair of the Inaugural Sports Law Symposium at The Ohio State University. He currently serves as South Florida's Chapter President of the Sports Business & Leadership Association as well as a Regional member for the Sports Lawyers Association’s Outreach Committee.
In 2015, 2016, 2017, 2018 and 2019, Mr. Kominsky was recognized as a "Florida Rising Star" by Florida Super Lawyers Magazine.
Email:
jkominsky@lscarlsonlaw.com
Telephone:
(561) 462-2470
Fax:
(561) 462-2471
Real Estate
Commercial Litigation
Civil Litigation
Mr. Pearson obtained his undergraduate degree from Brigham Young University and his law degree from Pepperdine.
Mr. Pearson has spent the last 10 years honing his litigation skills in a variety of legal areas including business torts, construction defect, premises liability, personal injury, professional liability, and real estate disputes. Since joining LS Carlson Law in 2019, Mr. Pearson has distinguished himself as one of the Firm’s top trial attorneys, gaining not only the admiration and respect of his colleagues and opposition, but more importantly, the trust of the Firm’s clients.
Email:
kpearson@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born and raised in Orange County, California, Mr. Deese graduated cum laude with a bachelor of arts in sociology and legal studies from Chapman University, where he pitched for Chapman’s World Series baseball team. He obtained his law degree from the Chapman University School of Law, where Mr. Deese was extremely active in Mock Trial and ADR competitions, winning numerous top advocate awards. While in law school, Mr. Deese also externed with the United States District Court United States Attorney’s Office and the Orange County District Attorney’s office, where he gained valuable courtroom experience.
Upon graduation from law school, Mr. Deese moved to Chicago, where he practiced complex commercial and business litigation and appellate litigation for several years, until finally returning to California in May of 2018 to come work for LS Carlson Law as a litigation associate.
Mr. Deese has experience in all aspects of commercial and business litigation, and he has successfully represented clients in all phases of litigation, including mediation, arbitration, and trial. Mr. Deese is also a certified mediator and has successfully mediated dozens of disputes.
Email:
pdeese@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Ms. Kitterman was born and raised in Portland, Oregon. She moved to Southern California to attend the University of San Diego, where she received her undergraduate degree in Theology and Religious Studies, cum laude. After college, Ms. Kitterman earned her law degree from Chapman University School of Law, where she earned two CALI Awards for her excellent scholarship.
During law school, Ms. Kitterman served as a judicial extern for Judge Dolly M. Gee, a U.S. district court judge. Ms. Kitterman also worked as a certified law clerk for the Los Angeles District Attorney’s office, where she gained valuable courtroom experience.
Prior to joining LS Carlson Law’s litigation department in 2021, Ms. Kitterman represented plaintiffs in both products’ liability and premises liability actions, as well as in wage and hour class actions.
Email:
ckitterman@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Real Estate Law
Business Law
Jonathan was born and raised in Fontana, California. He graduated from UCLA with a bachelor’s in History and earned his law degree from Chapman University School of Law where he served as President of the Mock Trial team, Vice-President of the Moot Court team, and earned best-advocate awards at multiple moot court competitions. While in law school, Jonathan externed with the Orange County District Attorney’s office, where he gained valuable courtroom experience.
Prior to joining LS Carlson in June of 2020, Jonathan practiced complex civil litigation, public entity, general liability, asbestos, chemical exposure, and mass tort litigation. He has extensive experience representing private and public entities in litigated and pre-litigated matters and has significant experience as a trial attorney.
Jonathan is also an Adjunct at Chapman University School of Law where he coaches Mock Trial, Moot Court, and Mediation teams. He is a certified mediator and has successfully mediated dozens of disputes. Prior to law school he served as an infantryman in the United States Marine Corps.
Email:
jcayton@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Real Estate Law
Business Law
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Ms. Cavallaro was born and raised in Orange County, California. She graduated with honors from California State University, Fullerton with a degree in psychology and criminal justice. Ms. Cavallaro then graduated top of her class from the Dale E. Fowler School of Law at Chapman University in Orange, California. During law school, Ms. Cavallaro interned for the Honorable Scott C. Clarkson of the Central District of California. She also served as the Managing Editor of the Chapman Law Review and was nationally recognized as a member of the Moot Court team.
Ms. Cavallaro is licensed to practice law in the state of California. After graduating law school, she practiced criminal defense for many years, with a focus on helping military veterans overcome their legal issues to assist in their transition to civilian life. She helped found the Center for Law and Military Policy and later served on its Advisory Counsel, and she is the former Vice Chair of the Orange County Bar Association’s Veterans Committee. She has been published in the Orange County Register, Orange County Lawyer, and the American Bar Association’s GP Solo magazine.
Ms. Cavallaro joined LS Carlson Law as an associate in July 2020 and currently handles pre-litigation and litigation matters. Ms. Cavallaro has experience in all aspects of real estate transactions and litigation, with a focus on HOA disputes.
Email:
dcavallaro@lscarlsonlaw.com
Telephone:
(949) 421-3030
Fax:
(949) 421-3031
Real Estate Law
Business Law
An Orange County native, Ms. Montes, Associate attended college at the University of Southern California, where she double majored in political science and communications. After college, Ms. Montes earned her law degree from Loyola Law School.
After graduation, Ms. Zuccolotto moved to the Bay Area for several years, where she defended architects and engineers from complex professional liability claims involving breaches of contract and tort allegations. Returning to Southern California, Ms. Montes joined LS Carlson Law in 2020 as a member of the firm’s litigation team.
Email:
amontes@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Mr. Carucci was born and raised in San Diego, California. He obtained his undergraduate degree from the University of San Diego where he graduated from the Honors program with a degree in business administration. Mr. Carucci then attended law school at Georgetown University Law Center in Washington D.C. During law school, Mr. Carucci interned for the Honorable Frederick H. Bysshe of the Ventura County Superior Court and externed with the Department of Justice in their Fraud Department. At Georgetown, Mr. Carucci was also a Senior Articles Editor on the American Criminal Law Review and a member of the Alternative Dispute Resolution team.
Mr. Carucci is licensed to practice law in both Washington and California. After graduating from law school, he practiced in Seattle, Washington for several years, working on complex civil litigation cases for a large firm. After returning to California, Mr. Carucci joined LS Carlson Law as an associate. He became a partner at the Firm in March of 2019 and currently runs the firm’s pre-litigation/HOA department.
Mr. Carucci has experience in all aspects of real estate transactions and HOA disputes.
Email:
dcarucci@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
At death, necessary and important administration must take place. Whether it is trust administration, estate administration, or probate, our estate planning division has experience addressing a spectrum of estates and trusts ranging from insolvent to taxable estates. Our objective is to ensure the decedent’s estate is managed properly, effectively, and efficiently to alleviate the burdens during such a trying time. Prob. Code §7001.
Property agreements are strategic tools to change, convert, or confirm the character of your property. Such agreements are helpful for specific planning purposes, clarifying title, and avoiding potential administrative issues. In California, property agreements have strict statutory requirements that must be navigated carefully. Whether your needs are to preserve your separate property, convert community property, or confirm the character of specific property, our knowledgeable attorneys will help you navigate the requirements under the law to accomplish your objective. Fam. Code §850 et. seq.
Business succession planning is the strategy of passing on the ownership and leadership of an entity. This often-neglected aspect of business ownership is important to ensure that the business or company continues to run smoothly after its most important people move on to new opportunities, retire, or pass away. Our attorneys are well-versed in this area of the law to integrate your business succession plans with your estate plans. Prob. Code §7001 et. seq.
Whether or not your estate plan utilizes a trust, a will is a necessary component of an effective and complete estate plan. It ensures any property left out of the trust will be distributed according to your wishes. It is important to understand that a will alone does not avoid probate even if the will creates a trust. Prob. Code §6110 et seq.
Our goal at LS Carlson Law is to maintain your legacy by maximizing your loved ones’ inheritance. Our estate planning division takes a hands-on approach to minimizing taxes that may result from estate taxes or gifts during your life. We strategically tailor your estate plan to accomplish your objectives and maximize the inheritance or gifts to your loved ones. See 26 U.S.C.A. §§ 1 et seq.; 26 U.S.C.A. §§ 641 to 692; 26 U.S.C.A. § 1014.
At LS Carlson Law, we believe a complete and successful estate not only encompasses the personal estate and finances of the individual or community, but also their businesses. Our goal is to work with you to ensure your business interests serve their purpose, are properly transferred to avoid probate, and maintain your legacy as part of your overall plan. Prob. Code, § 5000, subd. (a), (b)(3); 26 U.S.C.A. § 1014.
Real estate transfers are essential to effectuating the purpose of your trust. Failure to correctly title your real property, such as your residence, in a trust will require the opening of a probate process thereby undermining the purpose of your estate plan. Estate of Heigho (1960, 2nd Dist) 186 Cal App 2d 360, 9 Cal Rptr 196; see Estate of Heggstad (1993, 1st Dist) 16 Cal.App.4th 943, 20 Cal.Rptr.2d 433. It is important to work with an attorney familiar with transfer deeds and title issues to avoid unnecessary transfer taxes and take advantage of possible exclusions from reassessment of property taxes. Cal. Rev. and Tax Code §60, et. seq.
Trusts are special agreements between you and a trustee so your estate is handled according to your wishes. Prob. Code, § 5000, subd. (a), (b)(3). There are multiple types of trusts to consider such as revocable grantor trusts, in which you also serve as the trustee during your life, and irrevocable trusts. Aside from title, revocable trusts allow very little change to your estate or the management of your finances. Prob. Code, §16001 Prob. Code, § 15800, subd. (a). On the other hand, irrevocable trusts can serve as effective tools to minimize estate taxes, control distributions to charitable organizations, control distributions to minor beneficiaries, or maintain your legacy. An effective estate plan should avoid probate, give the trustee power to care for your loved ones without court delays, and maximize inheritance for your beneficiaries. Prob. Code, § 16000.
At LS Carlson Law, our real estate litigation attorneys have extensive experience securing our clients’ objectives in all manner of real estate related disputes, whether in or out of court. To maximize success, we first partner with our clients to understand the nature of their real estate related goals and objectives, after which we devise an innovative and aggressive approach to ensure that our clients achieve optimal results. The firm’s experienced real estate lawyers represent both residential and commercial property owners in a multitude of disputes that include:
The business attorneys at LS Carlson Law provide its clients with a panoply of business/corporate transactional and litigation services. LS Carlson Law’s business litigation attorneys represent and counsel the firm’s clients in a multitude of business disputes, including:
A construction defect can significantly torpedo your property’s value. And, equally alarming, an ignored construction defect can result in heightened financial liability given the ongoing possibility of injury. Generally, a construction defect exists when the components of a home or building (or, the surrounding infrastructures) fail to perform as intended and/or fail to comply with applicable building standards. To that end, LS Carlson Law effectively and vigorously prosecutes matters that involve the following defects:
As a native Floridian, Mr. Bissoon earned a Bachelor of Science degree in Finance, a Master’s in Business Administration, and a Juris Doctorate from the Shepard Broad College of Law.
Prior to a career in law, he worked amongst different industries ranging from private organizations to a Fortune 500 company. During law school, Mr. Bissoon gained valuable experience after being selected for an Honor’s clerkship with the Investigative Unit of the United States Securities and Exchange Commission.
Following graduation, Mr. Bissoon practiced for several years as a lead attorney for a national law firm where he advocated on behalf of injured clients against large insurance corporations. He transitioned to a business law firm and focused on complex issues involving commercial leasing and corporate agreements in the sale and acquisition of businesses.
With extensive practice in negotiating various settlements and contracts in different areas of law, he is adept at providing zealous representation and is an effective counsel for the firm’s clients. Mr. Bissoon is a Senior Associate at LS Carlson Law.
Email:
sbissoon@lscarlsonlaw.com
Telephone:
(561) 462-2470
Fax:
(561) 462-2471
Real Estate
Pratik Patel is originally from Nairobi, Kenya, and moved to England where he attended grade school before eventually moving back to Kenya. Mr. Patel ultimately settled in Melbourne, FL where he attended high school. In 2009 Mr. Patel received his bachelor’s degree from Florida State University. In 2012 he earned his law degree from Barry University School of Law and was admitted to the Florida Bar. He has since spent the last several years practicing in the Creditors’ Rights industry in South Florida, with a focus on real estate law entailing litigation, as well as building client relationships. Having become versed in the practice of real estate law from a creditor’s stance, Mr. Patel understands the real-world implications that homeowner and condominium associations pose to property owners. Mr. Patel joined LS Carlson Law’s pre-litigation department in 2020 and now works with great attention to detail to effectively represent property owners in association disputes.
Email:
ppatel@lscarlsonlaw.com
Telephone:
(561) 462-2470
Fax:
(561) 462-2471
Real Estate
Ms. Smith was born and raised in Miami, Florida. She attended a private Miami based college, St. Thomas University, where she graduated honors with a bachelor's degree in communications. After obtaining her undergraduate degree, she headed to Houston, Texas, where she attended law school at Texas Southern University.
After graduation, Ms. Smith relocated to Indiana, where she honed her skills defending clients in a wide array of contentious legal disputes. Ms. Smith then moved back to Florida, where she successfully counseled some of the largest corporations in the country on real estate, compliance, and regulatory matters.
Today, Ms. Smith leads LS Carlson Law's Florida HOA department. Given her extensive experience in complex compliance issues and real estate matters, she is highly effective in developing creative and successful legal strategies for homeowners in disputes with their associations.
Email:
asmith@lscarlsonlaw.com
Telephone:
(561) 462-2470
Fax:
(561) 462-2471
Real Estate
Born and raised in Orange County, Mr. Schindler went to college at Loyola Marymount University, where he earned his bachelor’s degree in biology. After college, Mr. Schindler earned his law degree from the Chapman University School of Law. While in law school, Mr. Schindler conducted a good deal of research work in intellectual property law, eventually becoming a registered patent attorney. Mr. Schindler also earned three CALI Awards for his excellent scholarship.
Mr. Schindler joined LS Carlson Law in 2018, beginning in the firm’s litigation department. Since then, Mr. Schindler has handled not only complex business and real estate litigation issues but is poised to take a more active role in the firm’s transactional department.
Email:
gschindler@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Growing up in Toronto, Canada, Mr. Galal attended the University of Ontario Institute of Technology, where he obtained his bachelor’s degree in criminology. Mr. Galal then attended the Thomas Jefferson School of Law, where he focused on sports law. During law school, Mr. Galal worked as a law clerk in a medical malpractice trial, which resulted in one of California’s top 50 largest jury verdicts. Due to his intelligence and work ethic, Mr. Galal earned a CALI award for excellent scholarship and graduated cum laude.
Mr. Galal first joined LS Carlson Law as a law clerk while he awaited his Bar results. After passing the Bar, Mr. Galal continued working at the firm as an attorney. Currently, Mr. Galal works in the firm’s pre-litigation department, where he focuses on HOA law and the Davis-Stirling Act.
Email:
rgalal@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born and raised in Orange County, California, Sara Etemadi attended UCLA. After obtaining her bachelor of arts in political science, Ms. Etemadi attended Whittier Law School, where she received the Dean’s Merit Scholarship and contributed her talents to both the Iranian Student Bar Association and the Public Interest Law Foundation.
After obtaining her law degree, Ms. Etemadi worked at a boutique plaintiffs’ litigation firm, where she successfully prosecuted a variety of cases relating to premises and common carrier liability and real estate litigation. Ms. Etemadi also honed her legal skills performing legal work for various non-profit organizations and governmental agencies. By the time Ms. Etemadi joined LS Carlson Law in July of 2017, her experience representing individuals and large organizations alike made her a versatile asset to the firm.
Ms. Etemadi has extensive experience in all aspects of corporate compliance and real estate law, and she is a key member of L.S. Carlson Law’s pre-litigation team, focusing on representing homeowners in HOA disputes.
Email:
setemadi@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
Although Ms. Bhavsar was born in Northern California, as a young child she lived in both India and Singapore, until eventually making her way back to California when she was eight. Interested in enjoying a little more sunshine, Ms. Bhavsar moved to Orange County to attend the University of California at Irvine, and after obtaining her bachelor’s degree from UCI, she decided to remain in Orange County. While attending UCI’s school of law, Ms. Bhavsar clerked for the Orange County District Attorney’s office, where she gained a good deal of practical courtroom experience as a certified law student.
Ms. Bhavsar worked as an attorney at a boutique employment litigation firm until joining the firm as an associate in August of 2018. She is currently a key member of the firm’s pre-litigation team, focusing on representing homeowners in HOA disputes.
Email:
dbhavsar@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
William Bergeron graduated from California Polytechnic State University in San Luis Obispo with a degree in business administration and a minor in economics. After graduating, Mr. Bergeron attended law school at Pepperdine, where he honed his writing skills as editor of the Journal of Business, Entrepreneurship and the Law, as well as an extern for two Los Angeles Superior Court judges and the Honorable Robert N. Kwan of the United States Bankruptcy Court.
After gaining three years of valuable litigation experience, Mr. Bergeron joined LS Carlson Law as a litigation associate in October of 2018, and very quickly proved himself to be a skillful and aggressive litigator. While Mr. Bergeron has experience handling all manner of complex business and real estate disputes, he nevertheless appreciates the value of working hard to resolve cases before they end up in court. His practical, results-oriented approach often, therefore, results in cost-effective and innovative solutions to clients’ problems.
Email:
wbergeron@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
A native of Orange County, Mr. Decker obtained his undergraduate degree from UCLA and his law degree from Chapman University. While in law school, Mr. Decker served as Articles Editor of the Chapman Law Review, received five CALI Awards for his superior scholarship, and subsequently graduated cum laude.
Before joining LS Carlson Law as an associate in December of 2015, Mr. Decker externed with the United States Attorney’s Office for the Central District of California, where he not only honed his exceptional writing skills, but also gained valuable experience as a researcher.
Since joining LS Carlson Law, Mr. Decker put his innate drive for perfection and attention to detail to good use, eventually earning himself a leadership role in the firm’s complex motions practice team—a team he helped create to complement his unique skill set.
Email:
jdecker@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
A native of Southern California, Mr. Kasparek attended Boston University, where he earned his bachelor’s degree in electrical engineering. Before going to law school, Mr. Kasparek worked for several years at the United States Patent and Trademark Office in Alexandria, Virginia as a junior patent examiner. After examining complicated patent applications, Mr. Kasparek attended Whittier Law School, where he was a member of the Moot Court Honors Board and earned his law degree.
After law school, Mr. Kasparek put his electrical engineering and law degrees to work by focusing on intellectual property law. Mr. Kasparek gained invaluable experience representing a broad range of US-based and foreign intellectual property holders, from Fortune 500 companies to individuals.
Mr. Kasparek joined LS Carlson Law’s litigation department in 2020. Mr. Kasparek has taken his knowledge of and personal experience with governmental bureaucracies to help homeowners in disputes with their HOAs.
Email:
kkasparek@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Your HOA’s CC&Rs lay out the rights and obligations the association and you owe to each other regarding your community. The CC&Rs constitute a binding equitable and legal contract between the HOA and the homeowners and address extremely important issues, such as:
(Pinnacle Museum Tower Assn. v. Pinnacle Market Development (2012) 55 Cal.4th 223.)
The most common CC&R violations committed by HOAs include things like:
If you live in a condominium or planned housing development, then you live in a common interest development. There are four primary types of common interest developments:
Within those four categories, you’ll find a lot of different types of housing arrangements, from single family homes, condominiums, and townhomes, to high-rise apartments and co-ops. What all common interest developments in Florida have in common, however, is that they are governed by specific statutes (e.g., the Homeowners’ Association Act, Condominium Act, and the Cooperative Act).
Many HOAs, however, violate those statutes—sometimes because they don’t understand the law, and sometimes because their boards of directors just don’t care.
For example, many HOAs violate the law by doing things like:
If you live in a condominium, then the Condominium Act applies to you, your neighbors, and your Association. Many Associations, however, violate the Condominium Act—sometimes because they don’t understand the law, and sometimes because their boards of directors just don’t care.
For example, many Associations violate the law by doing things like:
Negligence is an unintentional tort (i.e., a wrongful act) where one fails to exercise the degree of care in a given situation that an otherwise reasonable person would exercise to prevent another from harm.
Both your Association and your neighbors have a duty not to cause you harm by engaging in acts that are unreasonable. And when you are damaged as a result of such unreasonable conduct, you may sue the wrongdoer for negligence.
Examples of negligent conduct in the context of Association law include things like:
More frequently than many would like to admit, condo owners find themselves dealing with board members who like to tell other condo owners what to do. Sometimes, board members are just jerks who like to flaunt their authority by acting arbitrarily or capriciously, or who allow themselves or their friends certain privileges that they then deny other condo owners in the Association. Such selective enforcement of an Association’s governing documents is both illegal and actionable. (Prisco v. Forest Villas Condominium Apartments, Inc., 847 So 2d 1012 (Fla.App. Dist.4, 2003); White Egret Condo., Inc. v. Franklin, 379 So.2d 346 (Fla. 1979).)
Your Association is guilty of selective enforcement if it:
In the context of an Association, the “common elements” (referred to colloquially as the “common areas”) refers to areas owned by the Association as a whole, as opposed to being owned by any individual member of the Association. (Fla. Stat. § 718.103(8)). While many Associations share similar types of common elements (e.g., roads, swimming pools, tennis courts, clubhouses, landscaping, etc.), the types of common elements might differ amongst different Associations depending upon the type of community you live in. Given the expenses associated with owning such common elements, a lot of disputes arise between condo owners and Associations regarding things like the Association’s:
“Neighbor Disputes” is a huge area of Association law and encompasses a wide array of disputes. For example, you may have legal claims against your neighbors (and in many cases, your Association) if they:
When it comes to harassment and discrimination, Associations in Florida are governed not only by the laws aimed at regulating Associations (e.g., the Condominium Act), but also by a whole host of other statutes, including federal and state civil rights acts (e.g., the Fair Housing Act, the Florida Civil Rights Act of 1992 and Florida’s Fair Housing Act). These statutes prohibit Associations from discriminating on the basis of race, gender, religion, sexual orientation, disability, etc., and they all require Associations to make reasonable accommodations to disabled people. While it’s true that you won’t see too many Associations today that still have racial or religious restrictions/quotas in their governing documents, many Associations today still run afoul of anti-discrimination laws when, for example, they:
Your Association’s Declarations (as well as its other governing documents) lay out the rights and obligations the Association and you owe to each other regarding your condominium community. The Declarations, for example, constitute a binding equitable and legal contract between the Association and the condo owners that are designed to address extremely important issues, such as:
(Fla. Stat. §§ 718.102; 718.111)
The most common Declaration violations committed by Associations include things like:
If a condominium association’s (“Association”) governing documents, such as its declaration of condominium (“Declaration,” but also called CC&Rs in most other jurisdictions), requires the Association to make repairs to certain items (e.g., common elements like shared roofs, walls, or plumbing), and the Association refuses to make those repairs, a condo owner may not only have the ability to force the Association to comply with its obligations, but in such cases, the Association will be liable for any damages a condo owner suffers as a result of the Association’s refusal or delay to make repairs.
For example, an Association might be liable to a condo owner if it:
If an HOA’s governing documents (e.g., CC&Rs, Rules, etc.) requires the HOA to make repairs to certain items (e.g., common areas or shared roofs, etc.), and the HOA refuses to make those repairs, a homeowner may not only force the HOA to comply with its obligations, but the HOA will be liable for any damages a homeowner suffers as a result of the HOA’s refusal or delay to make repairs.
For example, an HOA might be liable to a homeowner if it:
When it comes to harassment and discrimination, HOAs in California are governed by a whole host of statutes, including the Fair Housing Act, the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Davis-Stirling Act. These statutes all prohibit HOAs from discriminating on the basis of race, gender, religion, sexual orientation, disability, etc., and they all require HOAs to make reasonable accommodations to disabled people. While you won’t see too many HOAs today that still have racial quotas in their governing documents, HOAs today still run afoul of anti-discrimination laws when they:
It’s also illegal for an HOA or resident to harass, harm, or annoy homeowners, although that happens more frequently than it should (see Brekke v. Wills (2005) 125 Cal.App.4th 1400).
“Neighbor Disputes” is a huge area of HOA law and encompasses a wide array of disputes. For example, you may have legal claims against your neighbors (and in many cases, your HOA) if they:
In the context of an HOA, the “common area” refers to areas owned by the association as a whole, as opposed to any individual member of the association (see Civil Code section 4095). While many HOAs share similar types of common areas (e.g., roads, swimming pools, tennis courts, clubhouses, landscaping, etc.), the types of common areas might differ amongst different HOAs depending upon the type of community you live in. For example, if you live in an association mostly made up of condominiums, in addition to things like a swimming pool, roads, and landscaping, you might also see common areas consisting of roofs, hallways, staircases, carports, and elevators. On the other hand, if your HOA consists mostly of single family homes, you probably won’t see hallways, roofs, staircases, but you may see roads, clubhouses, parks, security gates, etc. Given the expenses associated with owning such common areas, a lot of disputes arise between homeowners and HOAs regarding things like the HOA’s:
More frequently than many would like to admit, homeowners find themselves dealing with directors/board members who like to tell other homeowners what to do. Sometimes, board members are just jerks who like to flaunt their authority by acting arbitrarily or capriciously, or who allow themselves or their friends certain privileges that they then deny other homeowners in the association. Such selective enforcement of an HOA’s governing documents is both illegal and actionable. (Rancho Santa Fe Assn. v. Dolan-King (2004) 115 Cal.App.4th 28.)
Your HOA is guilty of selective enforcement if it:
Negligence is an unintentional tort (i.e., a wrongful act) where one fails to exercise the degree of care in a given situation that an otherwise reasonable person would exercise to prevent another from harm. (City of Santa Barbara v. Superior Court (2007) 41 Cal. 4th 747, 753–54.)
Both your HOA and your neighbors have a duty not to cause you harm by engaging in acts that are unreasonable. And when you are damaged as a result of such unreasonable conduct, you may sue the wrongdoer for negligence.
Examples of negligent conduct in the context of HOA law include things like:
If you live in a condominium or planned housing development, then you live in a common interest development. There are four types of common interest developments:
Within those four categories, you’ll find a lot of different types of housing arrangements, from single family homes and condominiums, to high-rise apartments and townhomes. What all common interest developments in California have in common, however, is that they are governed by the Davis-Stirling Act (Civil Code sections 4000-6150). While all HOAs must comply with the Davis-Stirling Act (Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73), it is a well known fact that many do not.
For example, many HOAs violate the Davis-Stirling Act by doing things like:
Non-disclosure, false representation, and concealment are all forms of fraud that frequently arise in the context of real estate disputes. Generally, you may have a claim for fraud if:
(Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.)
A defrauded party typically has a choice between suing for damages or rescinding the contract (i.e., unwinding the transaction). (Wilke v. Coinway, Inc. (1967) 257 Cal. App. 2d 126, 136.)
Disputes between neighbors can result in various legal claims. For instance, you may have legal claims against your neighbors if they:
In addition to a claim for damages, you may also have a right to an injunction, which would force your neighbor to do (or not do) whatever was interfering with your use of your property.
Anyone who lives in a community governed by an HOA must follow the HOA’s governing documents, the most important (and well known) of which is the CC&Rs. While your HOA very likely has a duty to enforce its governing documents, if the HOA fails to do so, as a member of the HOA, you also have the right to enforce the governing documents. (Civ. Code § 5975.)
Typical HOA disputes arise in a variety of forms including:
A nuisance can be any substantial and unreasonable interference with your right to the use and enjoyment of your property. (McBride v. Smith (2018) 18 Cal.App.5th 1160, 1180.) The most common types of activities that give rise to nuisance claims involve:
An encroachment occurs when a neighbor attempts to wrongfully claim ownership of part of your land by extending their property line onto your land. Such an encroachment may be intentional or unintentional—such as when your neighbor and you are legitimately confused as to the actual location of the property line.
When the encroachment takes the form of an actual structure being placed on your land (e.g., building, fence, tree, deck, etc.), or underneath your property (e.g., pipes, ducts, wiring, etc.), then your neighbor has trespassed onto your property. Although most encroachments are considered both a trespass and a nuisance, when the encroachment occurs solely in the air space above your property (such as when a neighbor constructs a deck that extends over your property, but isn’t resting on it), the encroachment won’t be considered a trespass, but instead will be deemed a nuisance. (Case v. Sisich (1929) 97 Cal.App. 106.)
Regardless of what form an encroachment takes, you need to take legal action to avoid a claim of adverse possession or prescriptive easement, or you might eventually lose ownership of part of your land.
Trespass occurs when someone or something wrongfully enters onto land that you own without your permission. (Easton v. Sutter Coast Hosp. (2000) 80 Cal.App.4th 485.) When most people think of trespass, they imagine a person entering onto their land. And that is true—that is a trespass. But a trespass also occurs if someone else causes some thing to enter onto your land (e.g., water, debris, sewage, etc.).
Depending upon the circumstances, you may sue the trespasser for damages or for injunctive relief (i.e., a court order to stop the trespass).
Adverse possession is a legal mechanism for someone else to take lawful title to all or part of your land. Although this used to happen more frequently in California a long time ago, it still occurs from time to time. A person can adversely possess someone else’s land if they:
(Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296.)
Landlords have the right to evict tenants for a variety of reasons. Sometimes, however, a tenant refuses to vacate the property. When that occurs, a landlord’s recourse is an action for unlawful detainer.
Landlords typically want to evict tenants who:
(Code of Civ. Pro. § 1161.)
It is illegal to cut down, remove, or otherwise injure any tree or wood on someone else’s land without the legal authority to do so. (Code Civ. Pro. § 733.) This is known as trespass to timber.
If someone cuts down, removes, or injures any trees or wood on your land, you have the right to sue for trespass to timber. And the statute ((Civ. Code § 3346) entitles you to a judgment for three times the amount of your damages (i.e., the value of the trees removed).
If you have an insurance policy, then you’re called the “insured.” An insured’s lawsuit against their own insurance company for wrongfully denying coverage of a loss is sometimes referred to as a “first party bad faith claim” because the insured is claiming that their insurance company acted in bad faith by denying the claim.
A covenant of good faith and fair dealing is implied in every contract. If your insurance company denies you coverage without, say, conducting a proper investigation, you can hold your insurance company liable for breaching that implied covenant. (Egan v. Mut. of Omaha Ins. Co. (1979) 24 Cal.3d 809.) And one of the specific covenants that is implied in the law is that insurance companies must “give at least as much consideration to the welfare of its insured as it gives to its own interests.” (Id., at p. 818.)
Sometimes, people who own real property together can’t agree on important things like whether or not to sell the property, how to use it (e.g., live in it, rent it out, leave it empty, etc.), or how much to spend improving it. When that occurs, the legal option available to the owner(s) is to file a lawsuit to have the court force a termination of the owners’ common interests in the same parcel of land (14859 Moorpark Homeowner’s Ass’n v. VRT Corp. (1998) 63 Cal.App.4th 1396.) This is called a partition, the intent of which is to have the court order the sale of the property on the open market, after which the proceeds will be divided in the manner reflected in the property’s title documents.
There are a number of things the court may need to take into account in allocating the sales proceeds, the most common of which is whether or not to impose offsets to compensate one or more owners for:
Generally, property damage is defined as not only the physical damage or destruction of another’s real property (e.g., land or structures), but also their personal property, otherwise known as “chattel” (e.g., goods, equipment, etc.).
You may have claim to recover for property damage when it is the result of a wrongful act, such as:
A contractor can neither abandon a construction project without a good legal excuse (Bus. & Prof. Code § 7107), nor willfully fail or refuse to diligently perform on a construction project. (Bus. & Prof. Code § 7119.)
Contractors who engage in such wrongful conduct can be sued by property owners under several legal theories, including breach of contract. And depending upon the wording of the contract, property owners who prevail will not only be entitled to their damages caused by the contractor’s wrongful conduct, but also reimbursement of their attorneys’ fees and costs.
In most cases, contractors are required not only to perform their work in substantial compliance with the project’s plans and specifications, but also to ensure that their work is in accordance with accepted trade standards for good and workmanlike construction. (Bus. & Prof. Code § 7109.)
When contractors fail in either of those duties, property owners will be entitled not only to the amount of money it cost them to bring their projects into compliance with the agreed upon specifications, but depending upon the wording of their contracts, reimbursement for their attorneys’ fees and costs as well.
In most cases, contractors are required not only to perform their work in substantial compliance with the project’s plans and specifications, but also to ensure that their work is performed in accordance with accepted trade standards for good and workmanlike construction. (Bus. & Prof. Code § 7109.)
Those requirements include using building materials necessary to ensure that the project can be used as intended. Typically, property owners and contractors include the specific materials to be used on the projects in their contracts, and thus if a contractor fails to use the agreed upon materials, a property owner may sue the contractor under several legal theories, including breach of contract. However, even in cases where specific materials are not reflected in a construction contract, a property owner might still be able to pursue damages against a contractor if the materials a contractor used fell below what was acceptable under the applicable trade standards.
Generally, property damage is defined as not only the physical damage or destruction of another’s real property (e.g., land or structures), but also their personal property, otherwise known as “chattel” (e.g., goods, equipment, etc.). A contractor hired to work on your property may be liable to you for damage to your property (real or personal), especially when they are guilty of:
And depending upon the wording of the contract between you and your contractor, upon prevailing, you would also be entitled to reimbursement of your attorneys’ fees and costs.
Contractors are required by law to abide by state and local building codes. (Bus. & Prof. Code § 7110.) State and local building codes require obtaining permits for a variety of improvements/construction. While some contracts leave the responsibility of obtaining the necessary permits to the property owner, most leave that obligation to the contractor.
In such cases, contractors who fail to obtain proper permits for their construction projects will be held liable to the property owner for breach of contract, and depending upon the wording of the contracts between them, upon prevailing, the property owners will also be entitled reimbursement of their attorneys’ fees and costs.
Contractors are required by law to abide by state and local building codes. (Bus. & Prof. Code § 7110.) State and local building codes require obtaining permits for a variety of improvements/construction. While some contracts leave the responsibility of obtaining the necessary permits to the property owner, most leave that obligation to the contractor.
In such cases, contractors who fail to obtain proper permits for their construction projects will be held liable to the property owner for breach of contract, and depending upon the wording of the contracts between them, upon prevailing, the property owners will also be entitled reimbursement of their attorneys’ fees and costs.
Contractors may not engage in any willful acts that results in substantial injury to another, especially fraud. (Bus. & Prof. Code § 7116.) Nondisclosure, false representation, and concealment are forms of fraud that frequently arise in the context of contractor disputes.
A contractor will be held liable for fraud against a property owner in cases where:
A defrauded party typically has a choice between suing for damages or rescinding the contract (i.e., unwinding the transaction). (Wilke v. Coinway, Inc. (1967) 257 Cal.App.2d 126.)
Misrepresentation takes two forms under the law—intentional and negligent.
Intentional misrepresentation is a form of fraud. Contractors may not engage in any willful acts that results in substantial injury to another, especially fraud. (Bus. & Prof. Code § 7116.) A contractor will be held liable for intentional misrepresentation against a property owner in cases where:
(Graham v. Bank of Am., N.A. (2014) 226 Cal.App.4th 594.)
Negligent misrepresentation, on the other hand, does not require a property owner to prove that the contractor knew that the misrepresentation was false when made. Rather, the property owner only has to prove that the contractor made a representation without reasonable grounds to believe that it was true. (Hydro-Mill Co. v. Hayward, Tilton & Rolapp Ins. Assocs., Inc. (2004) 115 Cal.App.4th 1145.)
A mechanics lien is a legal claim against a parcel of real property intended to secure payment to a contractor or supplier who wasn’t paid for work performed or supplies delivered to real property (e.g., your home). A mechanics lien can result in a forced sale of your property (i.e., a foreclosure). For that reason, the courts look very seriously at contractors who illegally maintain mechanics liens when they are not legally entitled to do so.
A general contractor (i.e., the contractor with whom most property owners have a direct contract) may not enforce a mechanics lien unless the contractor records a claim after completing its obligations under a contract AND before the earlier of either of the following:
(Civ. Code § 8412.)
A sub-contractor, on the other hand, may only enforce a mechanics lien if it has provided a preliminary notice at the proper time and it seeks to enforce its lien after the sub-contractor ceases to provide work and before the earlier of:
(Civ. Code § 8414.)
If a general or sub-contractor records a mechanics lien against your property outside of the times described above, or otherwise maintains such a lien illegally, you can force removal of the lien. And if you prevail in your efforts to force such removal, you may be entitled to your attorneys’ fees and costs.
If a condo association’s governing documents (e.g., CC&Rs, Rules, etc.) requires the association to make repairs to certain items (e.g., common areas or shared roofs, etc.), and the association refuses to make those repairs, a condominium owner may not only force the association to comply with its obligations, but the association will be liable for any damages an owner suffers as a result of the association’s refusal or delay to make repairs.
For example, a condo association might be liable to a condominium owner if it:
Your association’s CC&Rs lay out the rights and obligations the association and you owe to each other regarding your community. The CC&Rs constitute a binding equitable and legal contract between the association and the condominium owners and address extremely important issues, such as:
(Pinnacle Museum Tower Assn. v. Pinnacle Market Development (2012) 55 Cal.4th 223.)
The most common CC&R violations committed by associations include things like:
When it comes to harassment and discrimination, associations in California are governed by a whole host of statutes, including the Fair Housing Act, the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Davis-Stirling Act. These statutes all prohibit associations from discriminating on the basis of race, gender, religion, sexual orientation, disability, etc., and they all require associations to make reasonable accommodations to disabled people. While you won’t see too many associations today that still have racial quotas in their governing documents, associations today often run afoul of anti-discrimination laws when they:
It’s also illegal for an association or resident to harass, harm, or annoy owners, although that happens more frequently than it should (see Brekke v. Wills (2005) 125 Cal.App.4th 1400).
“Neighbor Disputes” is a huge area of association law and encompasses a wide array of disputes. For example, you may have legal claims against your neighbors (and in many cases, your association) if they:
In the context of an association, the “common area” refers to areas owned by the association as a whole, as opposed to any individual member of the association (see Civil Code section 4095). While many associations share similar types of common areas (e.g., roads, swimming pools, tennis courts, clubhouses, landscaping, etc.), the types of common areas might differ amongst different associations depending upon the type of community you live in. For example, as a condominium owner, in addition to things like a swimming pool, roads, and landscaping, tennis courts, and guard gates, you might also see common areas consisting of roofs, hallways, staircases, carports, and elevators. Given the expenses associated with owning such common areas, a lot of disputes arise between owners and their associations regarding things like the association’s:
More frequently than many would like to admit, condo owners find themselves dealing with directors/board members who like to tell other owners what to do. Sometimes, board members are just jerks who like to flaunt their authority by acting arbitrarily or capriciously, or who allow themselves or their friends certain privileges that they then deny other owners in the association. Such selective enforcement of an association’s governing documents is both illegal and actionable. (Rancho Santa Fe Assn. v. Dolan-King (2004) 115 Cal.App.4th 28.)
Your association is guilty of selective enforcement if it:
Negligence is an unintentional tort (i.e., a wrongful act) where one fails to exercise the degree of care in a given situation that an otherwise reasonable person would exercise to prevent another from harm. (City of Santa Barbara v. Superior Court (2007) 41 Cal. 4th 747, 753–54.)
Both your association and your neighbors have a duty not to cause you harm by engaging in acts that are unreasonable. And when you are damaged as a result of such unreasonable conduct, you may sue the wrongdoer for negligence.
Examples of negligent conduct in the context of association law include things like:
If you live in a condominium or planned housing development, then you live in a common interest development. There are four types of common interest developments:
Within those four categories, you’ll find a lot of different types of housing arrangements, from single family homes and condominiums, to high-rise apartments and townhomes. What all common interest developments in California have in common, however, is that they are governed by the Davis-Stirling Act (Civil Code sections 4000-6150). While all associations must comply with the Davis-Stirling Act (Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73), it is a well known fact that many do not.
For example, many condo associations violate the Davis-Stirling Act by doing things like:
If an HOA’s governing documents (e.g., CC&Rs, Rules, etc.) requires the HOA to make repairs to certain items (e.g., common areas or shared roofs, etc.), and the HOA refuses to make those repairs, a homeowner may not only force the HOA to comply with its obligations, but the HOA will be liable for any damages a homeowner suffers as a result of the HOA’s refusal or delay to make repairs.
For example, an HOA might be liable to a homeowner if it:
Your HOA’s CC&Rs lay out the rights and obligations the association and you owe to each other regarding your community. The CC&Rs constitute a binding equitable and legal contract between the HOA and the homeowners and address extremely important issues, such as:
(Pinnacle Museum Tower Assn. v. Pinnacle Market Development (2012) 55 Cal.4th 223.)
The most common CC&R violations committed by HOAs include things like:
“Neighbor Disputes” is a huge area of HOA law and encompasses a wide array of disputes. For example, you may have legal claims against your neighbors (and in many cases, your HOA) if they:
In the context of an HOA, the “common area” refers to areas owned by the association as a whole, as opposed to any individual member of the association (see Civil Code section 4095). While many HOAs share similar types of common areas (e.g., roads, swimming pools, tennis courts, clubhouses, landscaping, etc.), the types of common areas might differ amongst different HOAs depending upon the type of community you live in. For example, if you live in an association mostly made up of condominiums, in addition to things like a swimming pool, roads, and landscaping, you might also see common areas consisting of roofs, hallways, staircases, carports, and elevators. On the other hand, if your HOA consists mostly of single family homes, you probably won’t see hallways, roofs, staircases, but you may see roads, clubhouses, parks, security gates, etc. Given the expenses associated with owning such common areas, a lot of disputes arise between homeowners and HOAs regarding things like the HOA’s:
More frequently than many would like to admit, homeowners find themselves dealing with directors/board members who like to tell other homeowners what to do. Sometimes, board members are just jerks who like to flaunt their authority by acting arbitrarily or capriciously, or who allow themselves or their friends certain privileges that they then deny other homeowners in the association. Such selective enforcement of an HOA’s governing documents is both illegal and actionable. (Rancho Santa Fe Assn. v. Dolan-King (2004) 115 Cal.App.4th 28.)
Your HOA is guilty of selective enforcement if it:
Negligence is an unintentional tort (i.e., a wrongful act) where one fails to exercise the degree of care in a given situation that an otherwise reasonable person would exercise to prevent another from harm. (City of Santa Barbara v. Superior Court (2007) 41 Cal. 4th 747, 753–54.)
Both your HOA and your neighbors have a duty not to cause you harm by engaging in acts that are unreasonable. And when you are damaged as a result of such unreasonable conduct, you may sue the wrongdoer for negligence.
Examples of negligent conduct in the context of HOA law include things like:
Similar to the requirement that HOAs must avoid engaging in selective enforcement of its governing documents, HOAs are also prohibited from granting certain homeowners preferential treatment. Examples of such preferential treatment might include:
Depending on the party bringing the action (i.e., the HOA or the aggrieved homeowner), preferential treatment may be the basis of a claim for failure to enforce the governing documents or an affirmative defense based on selective enforcement.
When it comes to harassment and discrimination, HOAs in California are governed by a whole host of statutes, including the Fair Housing Act, the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Davis-Stirling Act. These statutes all prohibit HOAs from discriminating on the basis of race, gender, religion, sexual orientation, disability, etc., and they all require HOAs to make reasonable accommodations to disabled people. While you won’t see too many HOAs today that still have racial quotas in their governing documents, HOAs today still run afoul of anti-discrimination laws when they:
It’s also illegal for an HOA or resident to harass, harm, or annoy homeowners, although that happens more frequently than it should (see Brekke v. Wills (2005) 125 Cal.App.4th 1400).
There are a variety of organizational structures a person can choose from which to operate their business. For example, some people just start operating their businesses under their own names (e.g., “Smith’s Tax Services”). Those are called sole-proprietorships. Others partner up with someone else to operate their businesses (e.g., “Smith Bros. Tax Services”). Those are called “partnerships.” And still others choose to form business entities, like corporations or limited liability companies (“LLCs”), each of which is considered a separate “person” under the law. Choosing the correct business structure requires a business owner to consider a whole host of factors such as how the company’s income will be taxed, how to protect an owner’s personal assets, or how to best collect outside investments.
Regardless of how you choose to organize your business (e.g., as a sole-proprietorship, partnership, corporation, or an LLC), it is very likely that you’ll need to prepare certain documents to properly form your company, such as:
The importance of having the agreements referenced above (e.g., partnership, shareholder, and operating agreements) in place in the event that things don’t work out between the owners cannot be overstated. Such agreements not only spell out each owner’s rights, duties, and responsibilities to the other owners and the company itself (in the case of a corporation or LLC), but they also address how to value each owner’s interest in the business, what the owners are allowed to do and not do, and what should happen in the event the business has to close.
Simply put, a contract is a written or oral agreement between two or more parties to do or not do certain things in exchange for value. Whether we agree that you’ll paint my house in exchange for my paying you an agreed upon fee, or my company agrees to manufacture goods for your company to sell, such dealings are accomplished through contracts. For the most part, when it comes to businesses, most contracts are in writing. But while most companies rely on written contracts to conduct business, not all contracts are created equally.
Form contracts you might find on the Internet, for example, are rarely going to be useful beyond providing some of the basics (e.g., obtaining a service or providing a product in exchange for an agreed upon fee) and giving your company the appearance of protection, while neglecting a variety of important issues that a customized contract from a qualified business lawyer might otherwise address, such as provisions dealing with:
Negotiating is an incredibly important part of every successful business. Whether your company needs to negotiate favorable contract terms, or your business must negotiate with adversaries to resolve mounting disputes, negotiating is an art form that takes practice, patience, and the ability to think on one’s feet. Many business owners, however, are not comfortable with the art of negotiations, and many don’t feel comfortable drawing the necessary lines in the sand.
Most business have to engage in different kinds of negotiations, including those involving:
If your business is a corporation or LLC, then it enjoys a variety of perks that are unavailable to sole proprietorship and most partnerships, such as limited liability. In return, however, corporations and LLCs require owners to comply with a variety of legally mandated requirements to maintain those advantages. Corporate compliance, therefore, is also an important part of any entity’s operations.
Some examples of necessary corporate compliance include adhering to:
Non-compliance with certain corporate formalities can result in hefty fines, and in some cases the loss of the company’s limited liability status.
When most people think of a business’s “intellectual property,” they think of things like:
Each of those represents a separate example of a company’s intellectual property, and depending upon the success of your business, such intellectual property could be priceless. Think of the biggest businesses you can, and then try to separate their logos, tag lines, and/or color schemes from their names. It’s impossible to picture, isn’t it?
Intellectual property is not protected simply because a company came up with it first. In fact, true protection of one’s intellectual property requires a business to take affirmative steps to secure ownership and control of the intellectual property, such as by securing a trademark, copyright, or patent, or by taking steps to secure the confidentiality of its trade secrets. When a business fails to protect its intellectual property, it risks losing the ability to prevent others from using it, and that could be financially devastating.
The State of California is perhaps the most heavily regulated when it comes to controlling the relationship between employers and employees. Because most companies cannot operate without employees, any business that hopes to be successful must have a firm grasp on the myriad laws, regulations, and rules governing the hiring, compensation, and termination of employees in California.
One of the best ways to ensure that your company is compliant with California’s labyrinth of labor/employment laws is to obtain, use, and maintain a strong set of customized employment related documents, including:
When customized for your company, such documents can help you both avoid crippling penalties, as well as ensure that you consistently comply with the plethora of requirements relating to mandatory written notices/handouts regarding:
Asset protection in the business context refers to strategies and procedures that can protect business owners from certain liabilities, taxation, seizure of assets, and creditor claims. Depending on the size of your business, taking proactive asset protection steps can mean the difference between having to close down shop and continuing with business as usual. One consideration that will impact your asset protection is choosing the right business entity to form.
Types of business entities that limit personal liability include:
Given the substantial investment and responsibility associated with horse ownership, disputes in the equine industry can often be extremely expensive, especially if the dispute results in a lawsuit. Lawsuits related to horses or equine-related activities frequently involve legal claims based on tort, contract, or property law. For example, litigation in the equine industry often involves issues like:
And depending on the wording of the contract or the legal process involved (e.g., agister’s lien proceedings, etc.), the prevailing party will not only be entitled to their damages caused by the other party’s wrongful conduct, but also reimbursement of their attorneys’ fees and costs. (Civil Code § 3080 et seq.)
Almost every discipline in the equine industry (e.g., Thoroughbred racing, dressage, hunter/jumper, English, etc.) involves breeding. Disputes over breeding often occur when horse owners use poorly worded breeding contracts pulled from the Internet. Consulting with an experienced equine attorney to review or draft your breeding contract can help you avoid the most common disputes related to horse breeding, such as:
And since there is often no statutory right to attorneys’ fees for the prevailing party in such cases, inclusion of such a provision in a well-written contract could ensure that you can be reimbursed for your attorneys’ fees and costs.
Equine ranches and ranch owners frequently engage in activities that result in legal disputes between any combination of landowners, horse owners, ranch employees, vendors, or visitors. Because horses are considered personal property, the vast majority of legal matters facing ranchers involve disputes over property rights and interests. Consulting with an equine attorney can ensure protection for a rancher in disputes involving:
Again, since there is often no statutory right to attorneys’ fees for the prevailing party in such cases, inclusion of such a provision in a well-written contract could ensure that you can be reimbursed for your attorneys’ fees and costs.
Purchasing and selling horses is an integral part of the equine industry, and a carefully worded purchase and sale agreement is equally integral to obtaining whatever it was that you bargained for. Given the significant investment associated with the purchase or sale of any horse, consulting with an equine attorney before finalizing any transaction can protect you from:
And depending on the wording of the purchase and sale agreement, the prevailing party will not only be entitled to their damages caused by the other party’s conduct, but also reimbursement of their attorneys’ fees and costs.
Because horse ownership and ranch management involve substantial financial investment and risk, maintaining adequate insurance coverage is essential. Even when a horse or ranch owner maintains adequate coverage, insurance carriers sometime wrongfully deny coverage of a claim. When this happens, an experienced equine attorney can analyze your insurance policy to determine if there has been a bad faith denial of a claim.
Whether you are a horse owner, ranch owner, or you run an established stable, registering as a corporation or LLC provides you a variety of perks that are unavailable to sole proprietorships and most partnerships. Retaining general corporate counsel can help you comply with the legally mandated requirements to maintain the advantages of operating as a corporation or LLC and keep your company compliant with California’s labyrinth of labor/employment laws.
When people think of franchises, they often think of the giant ones like McDonald’s, Wendy’s, or 7-Eleven. But such behemoths don’t make up the vast majority of franchised businesses out there. Most franchised business are much smaller than those giants and much less expensive to buy into. But, large or small, franchises share many things in common, the most important of which is the opportunity to sell goods or services with instant regional, national, or even international name recognition and a proven business model.
Franchises are governed by both federal and state law, but in the case of California, the state laws are much more “strict” than the federal franchise laws. In California, franchises are overseen by the California Department of Business Oversight and governed primarily by two separate sets of statutes: (i) the Franchise Investment Law (“FIL”) (Corp. Code § 31000 et seq.); and (ii) the California Franchise Relations Act (Bus. & Prof. Code § 20000 et seq.).
Under California law, a business meets the definition of a franchise (and therefore the franchisor—i.e., the “parent” company—must comply with the state’s franchise laws) if it: (i) grants someone a right to engage in the business of offering, selling, or distributing goods or services; (ii) under a marketing plan or system prescribed by the franchisor; (iii) where the operation of the business is substantially associated with an advertising/commercial symbol or mark (e.g., a trademark, service mark, or trade name) of the franchisor; and (iv) the franchisee (i.e., the person buying a franchised business) is required to pay a fee for the right to enter into (or conduct) the business.
Before deciding to franchise your business to others, or if you’re considering buying a franchised business to run, you should understand the myriad important issues, such as:
Non-compliance with California’s franchise laws by a franchisor can result not only in massive financial penalties and damages, but in some cases, criminal prosecution.
If an HOA’s governing documents, such as its declaration of covenants (“Covenants”), requires the HOA to make repairs to certain items (e.g., common areas), and the HOA refuses to make those repairs, a homeowner may not only have the ability to force the HOA to comply with its obligations, but in such cases, the HOA will be liable for any damages a homeowner suffers as a result of the HOA’s refusal or delay to make repairs.
For example, an HOA might be liable to a homeowner if it:
When it comes to harassment and discrimination, HOAs in Florida are governed not only by the laws aimed at regulating HOAs (e.g., the Homeowners’ HOA Act, the Condominium Act, and the Cooperative Act), but also by a whole host of other statutes, including federal and state civil rights acts (e.g., the Fair Housing Act, the Florida Civil Rights Act of 1992 and Florida’s Fair Housing Act). These statutes prohibit HOAs from discriminating on the basis of race, gender, religion, sexual orientation, disability, etc., and they all require HOAs to make reasonable accommodations to disabled people. While it’s true that you won’t see too many HOAs today that still have racial or religious restrictions/quotas in their governing documents, many HOAs today still run afoul of anti-discrimination laws when, for example, they:
“Neighbor Disputes” is a huge area of HOA law and encompasses a wide array of disputes. For example, you may have legal claims against your neighbors (and in many cases, your HOA) if they:
In the context of an HOA, the “common area” (or “common elements”) refers to areas owned by the HOA as a whole, as opposed to any individual member of the HOA. (Fla. Stat. §§ 720.301(2); 718.103(8).) While many HOAs share similar types of common areas (e.g., roads, swimming pools, tennis courts, clubhouses, landscaping, etc.), the types of common areas might differ amongst different HOAs depending upon the type of community you live in. For example, if you live in an HOA made up of condominiums, in addition to things like a swimming pool, roads, and landscaping, you might also see common areas consisting of roofs, hallways, staircases, carports, and elevators. On the other hand, if your HOA consists of, say, single family homes, you probably won’t see hallways, roofs, staircases, but you may see roads, clubhouses, parks, security gates, etc. Given the expenses associated with owning such common areas, a lot of disputes arise between homeowners and HOAs regarding things like the HOA’s:
More frequently than many would like to admit, homeowners find themselves dealing with board members who like to tell other homeowners what to do. Sometimes, board members are just jerks who like to flaunt their authority by acting arbitrarily or capriciously, or who allow themselves or their friends certain privileges that they then deny other homeowners in the HOA. Such selective enforcement of an HOA’s governing documents is both illegal and actionable. (Prisco v. Forest Villas Condominium Apartments, Inc., 847 So 2d 1012 (Fla.App. Dist.4, 2003); White Egret Condo., Inc. v. Franklin, 379 So.2d 346 (Fla. 1979).)
Your HOA is guilty of selective enforcement if it:
Negligence is an unintentional tort (i.e., a wrongful act) where one fails to exercise the degree of care in a given situation that an otherwise reasonable person would exercise to prevent another from harm.
Both your HOA and your neighbors have a duty not to cause you harm by engaging in acts that are unreasonable. And when you are damaged as a result of such unreasonable conduct, you may sue the wrongdoer for negligence.
Examples of negligent conduct in the context of HOA law include things like:
Your HOA’s Covenants (as well as its other governing documents) lay out the rights and obligations the HOA and you owe to each other regarding your community. The Covenants, for example, constitute a binding equitable and legal contract between the HOA and the homeowners that are designed to address extremely important issues, such as:
(Fla. Stat. §§ 720.303; 718.111; 718.112; 720.305)
The most common Covenant violations committed by HOAs include things like:
John Perkins earned his undergraduate degree in English from Ohio University and his law degree from Western Michigan University.
Prior to joining Kushner Carlson as a litigation associate in August of 2019, Mr. Perkins spent 14 years sharpening his litigation skills by successfully handling a wide variety of business and real estate disputes, as well as scores of construction defect, personal injury, and tort litigation cases. Since joining Kushner Carlson, Mr. Perkins has distinguished himself as an aggressive and creative advocate for the Firm’s clients.
Email:
jperkins@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born in New York, and raised in California, Mr. Pham is a true renaissance man. An accomplished fencer, freediver, carpenter, coffee bean roaster, competitive BBQ chef (and certified BBQ competition judge with the Kansas City BBQ Society), forager, and American Revolutionary War buff, Mr. Pham delights in mastering the unusual. After obtaining his undergraduate degree from UC Davis, Mr. Pham attended law school in Indiana, where he added parkour to his list of interesting talents, was the managing editor of the Federal Communications Law Journal, and captained the Indiana University Men’s Foil Team.
Mr. Pham joined Kushner Carlson as a litigation associate and immediately impressed everyone at the firm with his keen intellect, incredible coffee, and vast knowledge of civil procedure. Mr. Pham has quickly become a favorite with the firm’s clients, who rely upon him for his expertise in business and real estate law, creative approach to complex problems, and sound legal advice.
Email:
npham@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
A native of Annapolis, Maryland, Brendan Skipp started his move away from the East Coast by attending college at the University of North Carolina. After earning his bachelor’s degree, Mr. Skipp headed west to attend Whittier Law School, where he gained valuable experience externing with the Orange County Public Defender’s felony unit.
While awaiting his bar exam results in 2019, Mr. Skipp joined Kushner Carlson as a law clerk, where he began further honing his research and writing skills. Upon being sworn in as an attorney, Mr. Skipp accepted the Firm’s offer to join its pre-litigation team, where he currently focuses on representing homeowners in HOA disputes.
Email:
bskipp@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
Mr. Caplin joined Kushner Carlson’s pre-litigation department in July of 2018. A native of Southern California, Mr. Caplin obtained his undergraduate degree from the University of California at Los Angeles, and his law degree, cum laude, from the Pepperdine University School of Law, where he focused on real estate, land use, and corporate law.
During law school, Mr. Caplin was the Lead Articles Editor of the National Association of Administrative Law Judiciary and won numerous awards, including receiving the CALI Award for the Highest Grade in the Course for Legal Writing, Real Estate Finance, and Mergers and Acquisitions. Mr. Caplin was also published in a national employment law journal for his article “Why the NLRB Can be ‘Facebook Friends’ with both Employees and Employers.”
While Mr. Caplin’s practice at the firm is focused on representing homeowners in disputes with their HOAs, he has knowledge and experience in all manner of real estate and business transactions and litigation. Mr. Caplin brings a high degree of intelligence and tenacity to the firm’s clients, and he’s widely respected for his creative approach to complex legal issues.
Email:
ncaplin@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Real Estate
Born and raised in Phoenix, Arizona, Ms. MacLeod graduated cum laude with a Bachelor of Arts degree in History from the University of Arizona. She obtained her law degree from American University, Washington College of Law, located in Washington, D.C., where she was a member of the American University International Law Review and student attorney with the International Human Rights Law Clinic.
Upon graduation from law school, Ms. MacLeod returned to Phoenix, where she practiced commercial and business litigation for several years. After moving to California, Ms. MacLeod practiced real estate and consumer financial services litigation with an Am Law 50 law firm, before moving to a boutique law firm to focus on real estate litigation and servicer liability defense.
Ms. MacLeod joined Kushner Carlson in April of 2019 as a litigation associate. She has extensive experience in all aspects of commercial and business litigation.
Email:
smacleod@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Bio Coming Soon
Email:
sshain@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Mr. Kushner was born and raised in Long Beach, California. He obtained his undergraduate degree from UC Berkeley, where he was inducted into Phi Beta Kappa during his third year and graduated with Highest Distinction the following year. Mr. Kushner then attended law school at UCLA. After moving to Orange County, Mr. Kushner honed his skills at two prestigious law firms before striking out on his own. From there, Mr. Kushner quickly earned a reputation as a formidable and skilled trial and transactional lawyer.
Mr. Kushner’s practice areas include business litigation and transactions, franchise law, corporate governance, complex business transactions, real estate litigation and transactions, and entertainment law.
In the business/corporate arena, Mr. Kushner has substantial experience in structuring and negotiating complex commercial transactions and drafting all manner of business related contracts. Mr. Kushner’s corporate transactional practice includes general representation of large, well-established companies, as well as start-ups and family owned businesses. Mr. Kushner’s clients can be found all over the world, including China, Canada, New Zealand, Australia, and Hong Kong.
In addition to his transactional expertise, Mr. Kushner is frequently retained as litigation counsel in a wide range of business and real estate related matters, ranging from all manner of general business torts (e.g., breach of fiduciary duty, fraud, misrepresentation, breach of contract, interference with prospective business advantage, unfair business practices, trade secrets, etc.) and complex commercial disputes, to representing homeowners in actions against their HOAs and complex real estate land use cases.
Mr. Kushner frequently lectures on a variety of topics relating to simple and complex business and corporate matters, as well as trending real estate topics. His lectures are widely attended and lauded as “thought provoking, dynamic, and relevant.”
Mr. Kushner’s efficacy both in court and out have made him a popular and highly regarded attorney with KFI AM 640’s Bill Handel, the host of one of the most listened to and popular morning radio talk shows in America and the founder of Handelonthelaw.com. In fact, not only have hundreds of Bill Handel’s listeners hired Mr. Kushner to represent them when they needed legal advice, but Mr. Handel himself, as well as many of his staff have likewise sought his representation and counsel.
From Mr. Kushner’s formidable reputation as a skilled trial lawyer, to his consummate attention to detail and singular client-centered focus, Mr. Kushner’s clients consider him and the firm an indispensable asset to their companies’ growth, success, and security.
Email:
mkushner@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Business Transaction
Real Estate Litigation
Entertainment Law
Franchising & Distribution
Mr. Carlson began working with Kushner Carlson’s senior partner, Michael Kushner, prior to obtaining his law degree in 2009, when the firm was known by its prior name, The Kushner Law Firm. Born and raised in Florida, where he began surfing competitively at the age of 14, Mr. Carlson came to California to work as a professional model and surfer and to study at Chapman University, where he obtained his undergraduate degree.
After earning his law degree, Mr. Carlson brought his expertise in the action sports industry to the firm, and after demonstrating his unique skill set, he and Mr. Kushner decided to rebrand the firm as Kushner Carlson.
Mr. Carlson is knowledgeable across a broad spectrum of entertainment, real estate, and business matters, and he’s adept at strategizing with clients to make the most out of difficult, even seemingly impossible, situations. Experienced representing clients in a wide variety of business and real estate related matters, Mr. Carlson’s methodical approach to complex legal disputes frequently allows him to craft innovative strategies for his clients.
From Mr. Carlson’s superlative negotiation skills, to his synergistic partnership with Michael Kushner, the firm stands ready to provide superior litigation and transactional representation to all of its clients.
Email:
lcarlson@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Business Transaction
Real Estate Litigation
Entertainment Law
Franchising & Distribution
Having grown up in Irvine, California, Mr. Potter is a true Orange County native. After obtaining his bachelor’s degree from Chapman University, Mr. Potter attended law school at the University of California at Los Angeles, gaining valuable experience serving in the Business Law Association.
After obtaining his law degree from UCLA, Mr. Potter worked at Deloitte Tax in Los Angeles, focusing primarily on representing Fortune 500 companies during audits conducted by the California Franchise Tax Board. Then, after joining the firm in October of 2018 as an associate in the firm’s pre-litigation department, Mr. Potter began using his tax and finances experience in representing homeowners in HOA disputes, especially those involving financial irregularities.
Email:
rpotter@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Although Mr. Weerasuriya was born in Colombo, Sri Lanka, having moved to Irvine, California with his family in 1989, he is an Orange County man at heart. Mr. Weerasuriya graduated from Virginia Tech with a bachelor of arts in Political Science and Legal Studies, after earning a spot on the Dean’s List, and then decided to try the weather on the east coast. For obvious reasons, he Mr. Weerasuriya preferred the sunshine in California, and returned to attend Southwestern University School of Law in Los Angeles, where he graduated near the top of his class.
After graduating from law school, Mr. Weerasuriya began practicing at a law firm that focused on employment/labor litigation, consumer fraud, and business torts, where he gained extensive litigation experience. By the time Mr. Weerasuriya joined Kushner Carlson as a litigation associate in March of 2018, he had mastered his craft.
Mr. Weerasuriya has extensive experience in all aspects of commercial and business litigation, and he has successfully represented clients in all phases of litigation, including mediation, arbitration, and trial.
Email:
sweerasuriya@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born and raised in various parts of the Northeast, Mr. Lubin decided to head west to California’s warmer climate to attend college. After obtaining his undergraduate degree from Chapman University, Mr. Lubin continued studying at Chapman’s law school, where he interned for the Honorable Andrew J. Guilford of the United States District Court and served on the Chapman Law Review as a Staff and Symposium Editor.
Mr. Lubin joined Kushner Carlson as a litigation associate in July of 2018, and since that time he’s handled all manner of complex business and real estate litigation for the firm’s clients. Mr. Lubin’s keen intellect and eye for detail has earned Mr. Lubin a reputation as a formidable force for his clients, while his gregarious disposition make him a powerful advocate both in negotiations with other parties and attorneys, as well as in front of a jury.
Email:
mlubin@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Mr. Wait joined Kushner Carlson as a litigation associate in June 2018. Born and raised in Porterville, California, Mr. Wait majored in Journalism at Pepperdine University in Malibu, California, and received his law degree from the University of San Diego School of Law.
Mr. Wait has extensive experience in real estate and business litigation, especially disputes related to homeowners associations. Prior to joining Kushner Carlson, Mr. Wait served as general counsel for numerous homeowners associations throughout California.
Mr. Wait’s aggressive approach to advancing his clients’ interests gives them a significant advantage when navigating legal disputes, especially in front of a judge or jury.
Email:
gwait@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Born in Georgia and raised in Russia, Mr. Janvelian moved to the United States with his family when he was 14 years old. After obtaining his undergraduate degree from UC San Diego, Mr. Janvelian attended Whittier Law School, where he distinguished himself as an academic powerhouse. Mr. Janvelian served as a senior editor of the Whittier Law Review, a member of the Solicitations Committee, and as a teaching and research assistant for several professors. Then, after receiving five Cali awards for academic excellence and graduating summa cum laude from Whittier Law School in 2016, Mr. Janvelian decided to continue studying at the renowned International Business and Economic Law Masters program at Georgetown University Law Center.
While studying at Georgetown, Mr. Janvelian externed at the Global Legal Research Department of the Library of Congress, where he prepared publications for the Global Legal Monitor and comparative research reports for all three branches of government. In 2017, Mr. Janvelian received his LL.M. from Georgetown after graduating with distinction as a member of the dean’s list. Mr. Janvelian then worked as a research assistant for Professor Michael Diamond, where he provided invaluable assistance in the preparation of the latest edition of a casebook series on the law of business organizations.
Mr. Janvelian joined Kushner Carlson in 2017 as a transactional and pre-litigation associate, where he has developed a reputation as a master researcher and formidable advocate. Mr. Janvelian has experience in a variety of complex real estate and business matters, where he lends his keen intellect in solving the firm’s most complex legal conundrums.
Email:
ajanvelian@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Asal Alipanah majored in International Relations at the University of San Diego and obtained her law degree from USD’s School of Law. At USD, Ms. Alipanah worked as a research assistant and served as a Comments Editor for Law Review. Ms. Alipanah also interned for the Orange County District Attorney’s Office during her time in law school.
Ms. Alipanah primarily works on homeowners disputes and assists the litigation team with various matters. She brings a strong work ethic and valuable writing skills to the team.
Email:
aalipanah@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Michael Zar is an Orange County native who earned his undergraduate degree in Philosophy and Religious Studies from California State University Long Beach. During his undergraduate studies, Michael was a recipient of the prestigious Peccorini Scholarship Award and was one of only a handful of students who earned entry into the Philosophy Department Honors Program. Michael went on to earn his law degree from the University of San Diego.
Michael has extensive experience in a wide variety of legal areas including business litigation, real estate transactions, landlord/tenants disputes, and common interest developments. Michael has successfully represented clients in all pre-trial and post-trial phases of litigation, including mediation and arbitration, and has successfully tried numerous trials.
Email:
mzar@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Michael S. Vasin was born and raised in Southern California. He received his undergraduate degree in Journalism, with honors, from Arizona State University's Walter Cronkite School of Journalism and Telecommunications, and his law degree, also with honors, from the Chapman University School of Law. In addition to serving on Chapman’s Law Review, while attending law school, Mr. Vasin externed for both the Honorable Robert W. Alberts, United States Bankruptcy Court Judge and the Honorable Alicemarie H. Stotler, United States District Court.
Prior to joining Kushner Carlson, Mr. Vasin was a partner at Sullivan, Ballog & Williams in Orange County, where he represented both large institutional clients and small businesses in all manner of civil litigation, including employment law, federal civil rights, business disputes, and personal injury defense. Mr. Vasin has extensive trial experience in both state and federal courts.
Mr. Vasin is a member of the State Bar of California, the State Bar of Arizona, the United States District Courts of California and Arizona, and the Ninth Circuit Court of Appeals. He is also a member of the Association of Southern California Defense Counsel, Defense Research Institute, and the Orange County Bar Association.
Email:
mvasin@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
Jonathan Schmidt joined Kushner Carlson, PC in March of 2015. Born and raised in Santa Barbara, California, Mr. Schmidt majored in Economics at Cornell University in Ithaca, New York, and obtained his law degree from the University of San Diego. During law school, Mr. Schmidt externed for the Honorable Mitchell D. Dembin of the United States District Court. Upon graduation, Mr. Schmidt was inducted into the Order of Barristers, the prestigious national honor society for excellence in legal advocacy.
Mr. Schmidt has extensive experience in, and knowledge of, a wide variety of legal areas including business litigation, real estate, and commercial law. To that end, Mr. Schmidt has published two critically-acclaimed articles on corporate securities and international law in the San Diego and California International Law Journals, respectively. Mr. Schmidt has used this extensive experience to successfully represent many business owners and companies.
Mr. Schmidt also excels at courtroom advocacy. Prior to joining Kushner Carlson, PC, Mr. Schmidt worked as a Deputy District Attorney for the Orange County District Attorney’s Office. As a Deputy DA, he spent nearly every day in the courtroom, conducting multiple jury trials and successfully arguing hundreds of dispositive motions in courts throughout the county. His experience as a criminal prosecutor allowed him to hone his skills in the courtroom.
Mr. Schmidt’s diligent and well-rounded approach to litigation gives his clients a distinct advantage during the pendency of their cases.
Email:
jschmidt@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation
An adept trial attorney and negotiator, Jonathan Kent joined Kushner Carlson, PC in May of 2014. A native of San Diego, California, Mr. Kent obtained his law degree from the University of San Diego, and he obtained his undergraduate degree from the University of California, Los Angeles. During law school, Mr. Kent was a member of the San Diego Law Review and won numerous advocacy awards, including “Best Overall Advocate” for USD’s National Moot Court Team. As a result, Mr. Kent was inducted into the Order of Barristers, the prestigious national honor society for excellence in legal advocacy.
Mr. Kent has experience in all aspects of business litigation, intellectual property, and real estate, and he has had the privilege of successfully representing many business owners and investors in trial. Indeed, throughout the pendency of his client’s cases, Mr. Kent strives to keep their interests at heart, whether he’s in the midst of trial or negotiating to reach timely and fair resolutions to their cases.
Mr. Kent also has extensive experience in handling transactional matters. In this capacity, Mr. Kent handles a multitude of issues concerning commercial leases, lease assignments, corporate records, operating agreements, employment contracts, and trademarks. For his corporate clients, Mr. Kent is an invaluable asset – he can quickly identify internal issues, analyze and revise relevant documents, and keep corporations compliant.
Mr. Kent’s adaptability and experience allows him to assist his clients in achieving optimal resolutions to their cases.
Email:
jkent@lscarlsonlaw.com
Telephone:
(949) 421 3030
Fax:
(949) 421 3031
Business Litigation
Real Estate Litigation