I don't let my real estate and construction clients sign optional arbitration provisions in contracts. Whenever I see an arbitration provision in a draft contract, I strike it out with extreme prejudice. Then I invariably get the question from the...
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Litigation
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Dealing with homeowners association disputes
If you are a homeowner in San Jose, you might deal frequently with your homeowners association. You may have even had your share of run-ins with this body. They are there to regulate the neighborhood they represent. To do this, they sometimes charge fees that...
Can I sue for punitive damages?
Sooner or later, most litigants dream about have a “Hot Coffee Case*” moment, where they can recover tens or hundreds of millions of dollars from a company for a minor injury in the form of “punitive damages.” Punitive damages are only available in certain tort cases...