Civil Matters

Civil and Business Litigation

At the Law Office of Marc Grossman, we can handle all civil litigation matters, including business disputes as well as those between individuals. We know that when you enlist an attorney, you are making an investment. We want you to know that we are well worth our reasonable fees because we believe in working hard to get you results. We strive to make certain you leave our office feeling your money was well spent.

Free initial consultations are available

E-mail us or call us today at (909) 608-7426 to discuss your case with an experienced civil and business litigation lawyer.

Our representation starts at the initial consultation. We are prepared to spend time with you, learning about your situation. We will go over the various options you have at your disposal and get you started on the right path.

Smart, honest business and civil litigation representation

We are available to handle any type of litigation matter for any business or individual in Upland, California, or elsewhere in the Inland Empire.

The Law Office of Marc Grossman can handle a wide range of business and commercial litigation matters, including contract disputes, shareholder disputes, and much more.

We can address any type of dispute that arises between individuals, including:

  • Real Estate Litigation
  • Disputes Over Property
  • Title Disputes
  • False Arrest
  • Construction Disputes

We can also handle all manners of personal injury, wrongful death, insurance disputes, employment discrimination lawsuits and much more.

No matter what your civil or business litigation matter involves, we will stand by your side to see you through it. Whether you are the one bringing a lawsuit against another party or you have been threatened with a lawsuit, we are here for you.

Law Suits

In a civil trial, a judge or jury analyze the evidence to choose whether, by a “preponderance of the evidence,” the accused needs to be held legally liable for the damages alleged by the plaintiff. A trial is the complainant’s opportunity to suggest his or her case, in the hope of getting a judgment versus the defendant. A trial also represents the accused’s chance to refute the complainant’s case, and to provide his or her own proof associated to the disagreement at issue.

After both sides have provided their arguments, the judge or jury considers whether to find the defendant accountable for the plaintiff’s declared damages, and if so, to what extent (i.e. the quantity of money damages an accused needs to pay, or some other treatment). Depending upon the type of case being heard, a civil trial might not always concentrate only on the plaintiff’s accusations and the offender’s liability.

Business

The finest method to comprehend litigation law is to end up being familiar with the fundamental phases of a claim. These guidelines supply the legal requirements the celebrations have to comply with at each step in the litigation procedure.

In a common legal conflict, the celebrations will certainly initially talk about the matter with each other straight. As the name recommends, this letter explains exactly what the celebration getting the letter should do to stay clear of additional legal action.

If a disagreement can not be put to rest through the preliminary settlements, then one celebration will certainly submit an official claim. If either celebration has not yet employed a lawyer, now is the time to do so.

The next step in the litigation procedure is to evaluate everything found out in discovery, at which point the accused will likely submit a movement for summary judgment. If the judge rejects the movement, the case will certainly continue to trial.

After what can amount to years in the pre-trial phases of litigation, the benefits of the case will certainly be heard by the judge or a jury. Witnesses will be called to affirm, evidentiary exhibitions will certainly be sent, and the lawyers for both sides will certainly provide argument regarding why their customers are worthy of to win. A jury trial can possibly stretch on for weeks, and when it is over, the losing celebration will certainly still can appeal, which is virtually particular to take place if a big cash judgment is granted to the winner. Free consultations, call today, thank you.

Neighbor Disputes

There are two basic types of nuisance suits. These are private and public nuisance actions. A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. An action for a physical invasion of property is known as a trespass action. An example of a private nuisance would be where an individual failed to keep his dog kennel clean, causing the next-door-neighbors to experience unpleasant odors when they left their windows open and also prevented them from spending time in their backyard.

Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors or a public official suing a property owner for the benefit of the general public. By bringing suit, the plaintiff usually seeks to control or limit the use of the land owned by the defendant.

It is not pleasant to be on either side of a nuisance suit. Unpleasant disputes between neighboring property owners can turn into even more unpleasant and emotionally draining lawsuits.

A public nuisance is one that has more far reaching effects. It has the ability to affect the health, safety, welfare, or comfort of the public in general. Examples of a public nuisance would be a factory that emitted bad odors or a racetrack that produced loud noise. Nuisances can often be both private and public. For instance, the lights from a sports field may shine directly into the home of a neighboring property owner, causing a private nuisance. At the same time, the sports field might cause excessive noise and brighten up the rest of the neighborhood, requiring the homeowners to keep their drapes and windows shut on summer evenings. This would constitute a public nuisance.

These are private and public nuisance actions. Examples of a public nuisance would be a factory that emitted bad odors or a racetrack that produced loud noise. Nuisances can often be both private and public. If you are having trouble with your nighbor give us a call to see what can be done to resolve the issue.

Employment

It is prohibited to be discriminated or be the subject of jokes and slurs at work on the basis of age, race, nationwide origin, sex, disability, pregnancy, or faith. Call our attorneys to see if you have a case. If your company has actually asked you to “work off the clock” or has not paid you the overtime pay you are owed, they are in infraction of the law. We can help you get the payment you are worthy of. If you have discovered your employer taking part in unlawful activity such as over-billing customers or agreement fraud, our whistleblower attorneys can assist you investigate additionally. You may be entitled to a part of any money recuperated.

If you have actually been victimized on the job, not gotten appropriate compensation for overtime hours, or been witness to agreement scams or other prohibited activity dedicated by your company, you could be entitled to payment. And if you case falls in the classification of whistleblowing, you might even be qualified for a part of a financial settlement. Call today for an initial consultation at no expense to you and we will help you with you case.

Harrassment

General harassment, hostile environment, bullying and other disruptive behavior that is not resolved to a worker for a protected status or activity is not illegal. If you do grumble, put it in composing and call it “Official Grievance or Sexual Harassment” or “Formal Complaint or Religious Harassment,” or whatever classification you fit into. While bullying isn’t prohibited, harassment due to race, age, sex, nationwide origin, disability, color and religious beliefs are illegal. If the bully is targeting particular age, sex, ethnic or other groups, they’ve most likely crossed over into illegal harassment.

While a long letter specifying that your supervisor is inexperienced or a jerk can and ought to get you fired, the formal grievance resolving unlawful behavior should get a severe response. While bullying isn’t really unlawful, harassment due to race, age, sex, national origin, disability, color and faith are illegal. If the bully is targeting certain age, sex, ethnic or other groups, they have actually most likely crossed over into prohibited harassment.

If you are bothered or are in a hostile workplace, make sure you comprehend your rights and responsibilities. Report it to the employer and give them a possibility to address the situation. If they enable the harassment to continue or if they strike back, call an employment attorney to discuss your legal choices.

Discrimination

Employment law covers all rights and obligations within the employer-employee relationship; whether existing workers, task applicants, or previous workers. Where the work relationship is based on a legitimate agreement entered into by the employer and the worker, state contract law alone might determine the rights and tasks of the parties.

All staff members have basic rights in the work environment, including the right to personal privacy, fair compensation, and liberty from discrimination. A task candidate likewise has certain rights even prior to being worked with as an employee.

In most states, employees have a right to personal privacy in the work environment. This right to personal privacy applies to the employee’s individual possessions, including purses or brief-cases, storage lockers available only by the worker, and private mail addressed just to employee. Workers may likewise have a right to personal privacy in their telephone conversations or voice mail messages. However, staff members have really restricted rights to privacy in their e-mail messages and Internet usage while utilizing the employer’s computer system.

There are certain pieces of info that a company could not seek concerning a potential job applicant or employee. An employer might not carry out a credit or background check of a staff member or potential employee unless the employer alerts the specific in writing and receives consent to do so. Don’t hesitate to call if you feel you have been discriminated against, initial consults are always free.

Civil Rights

In the United States of America, civil rights are constitutional, detailed in the Bill of Rights. Throughout the history of civil rights in this nation, Congress has actually reacted to civil rights motions by enacting civil rights acts.

It is against the law in California for anybody to threaten or dedicate acts of violence against you or your property since of the kind of individual you are, or the type of persons with whom you connect. The Ralph Civil liberty Act (California Civil Code Area 51.7) forbids acts of violence, due to the fact that of (for instance) your race, color, faith, ancestry, nationwide origin, age, disability, sex, sexual preference, political party, or your part in a labor dispute.The Bane Civil liberty Act (California Civil Code Section 52.1) restricts anyone from meddling by force or by danger of violence with your federal or state constitutional or statutory rights. The acts restricted by these civil laws may also be criminal acts, and can expose violators to criminal charges.

The purpose of civil liberties is to secure individuals versus discrimination and harassment on grounds of physical or mental disability, gender, faith, race, nationwide origin, age, status as a member of the uniformed services, sexual preference, or gender identity. They likewise maintain individual rights such as personal privacy, the flexibilities of thought and conscience, speech and expression, faith, the press, and movement. Contact us for a gratis consultation where we can sort out any rights of yours that have been violated.

Fire Loss

To guarantee a fair settlement of a big claim, educate yourself by reading your policy and any other information you insurance company provides. And you must be a squeaky wheel and understand when and the best ways to get the best professional assistance if you require it.

If you have suffered a major loss from fire, theft, or some other disaster and you’ve submitted an insurance provider claim. You’re uncertain exactly what your rights are, and you’re worried about trusting your insurance provider company. You ought to be. Your monetary interests and your insurance coverage business’s financial interests are in a natural dispute– You desire an optimal payment, your insurer a minimum. An insurance claim is a business settlement, pure and simple. So although you paid good cash for coverage and great claim service, you might have to fight for it. And you could require expert help. In an ideal world no person would have to hire a legal representative to get an insurance claim paid on time and completely, but in this world, numerous do.

Call today and let us help you with a complimentary consultation.

Insurance Problems

California insurance fraud laws seek to prevent and punish false claims intended to generate payments to consumers or other payees of insurance companies. In addition, a group or organization might work together as an insurance claim mill to create accidents or injuries that permit the filing of insurance claims.

In general, a prosecution for insurance fraud requires proof of the defendant’s intent to defraud. The prosecutor may show that the defendant had a right to claim benefits, but padded the claim or exaggerated in order to receive a higher amount of benefits.

The state laws against insurance fraud come from both the California Penal Code and Insurance Code. State laws define various types of insurance fraud, such as claims related to automobile insurance, health insurance, worker’s compensation insurance, and insurance of property such as a home. If you feel your insurance company is giving you the run around, call us today for a consultation gratis.

Special Education

Schools First Should Attempt to Satisfy Students’ Requirements Within the General Education Program. A student can not qualify to receive special education services up until after the school has actually attempted to satisfy his/her requirements within the criteria of the general education program. Educators usually try a series of casual approaches to resolve struggling students’ needs before employing the formal unique education process. Two such techniques consist of Student Study Teams (SSTs) and Response to Intervention (RtI). The SST– a group that usually consists of the student’s school– website administrator, teacher, and moms and dad– typically discusses the student’s progress and recognizes in– class strategies for the class teacher to attempt. The RtI is a training approach designed to identify struggling students and offer interventions clearly targeted to meet their needs.

If LEAs figure out that basic education programs can not properly satisfy a student’s needs, they next refer the student for an expert examination to see if he or she certifies to get unique education. The evaluator evaluates whether the student has a disability and whether that disability interferes with the student’s education. Call today for a courtesy consultation.

Disability Denied

Disability claims in California may be initiated online or through a local Social Security office. Online filing will not allow an SSI claim to be taken; as claimants are unlikely to know in advance if their claim will involve the SSI program, the SSD program, or both programs in the form of a concurrent claim, claimants may wish to eschew the online process in favor of contacting a local office.

Statistics vary from year to year, but, typically, individuals applying for disability in California will have approximately a 30 percent chance of being awarded benefits. Up to 70 percent of all claims may be denied in any given year making it necessary for the majority of claimants to pursue the Social Security appeal process before eventually becoming eligible to receive benefits.

Claims at the initial level are typically decided in under 120 days, though decisions can take much longer due to a variety of factors, one of which may include any difficulty the examiner has in obtaining medical records from the listed medical treatment sources.

For a free initial consultation with a dedicated business and civil litigation attorney, e-mail us or call us today (909) 608-7426.

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