litigationWallin & Russell handles a broad range of business litigation matters. We prosecute and defend companies and individuals in business disputes in state courts, federal courts, and arbitration proceedings throughout California.

We customize our approach to fit the needs of each individual client. Our litigators evaluate the strengths and weaknesses of claims and quickly determine whether or when it is in the client’s best interests to resolve the dispute by settlement, motion practice, or trial. We will aggressively litigate the case when necessary. However, we have also been successful in negotiating favorable settlements in many cases using various forms of alternative dispute resolution. As a result, we have a proven history of developing and implementing cost-effective litigation strategies to obtain favorable results for businesses as quickly as possible.

Business Litigation

Our litigation attorneys have experience handling all types of business lawsuits, including cases involving:

  • Breach of contract
  • Debt collection matters
  • Breach of fiduciary duty
  • Fraud and misrepresentation
  • Claims involving corporate dissolution
  • Disputes between partners, shareholders and members
  • Disputes involving the purchase or sale of a business or real property

In addition, we handle cases that involve injunctions, temporary restraining orders, applications for the appointment of receivers, writs of attachment, pre-judgment remedies, such as requests for accounting, and motions for summary judgment. Since many business contracts contain arbitration clauses, we have substantial experience handling business litigation matters in the arbitration setting as well.

Creditor’s Rights

Our litigation attorneys have extensive experience in litigating actions on behalf of creditors and in pursuing claims against debtors in bankruptcy. Our experience includes filing creditor claims, representing property owners whose tenants have filed for bankruptcy, and defending voidable preference and fraudulent transfer actions in adversary proceedings before the bankruptcy court.
To read more about our Creditor’s Rights practice, please click here [include link to more expansive Creditor’s Rights page.

Real Estate and Construction Litigation

Our litigation attorneys handle all types of real estate-related claims, including the following:

  • Claims involving construction disputes
  • Mechanics’ lien claims
  • Contractor disputes
  • Unlawful detainer actions
  • Boundary disputes
  • Easement litigation
  • Development entitlement litigation
  • Construction defect lawsuits
  • Litigation regarding purchase and sale agreements
  • Escrow litigation
  • Encroachment issues
  • Deed disputes and quiet title actions
  • Lease disputes
  • Specific performance actions
  • Real estate deposit cases

We are familiar with insurance coverage issues under general liability, title and other insurance policies affecting real estate litigation. Therefore, we can provide our clients with the benefits of all applicable insurance coverage.

Arbitration & Mediation

Our litigation attorneys are always ready to present the best possible case to a judge, jury or arbitrator. However, we understand that in today’s litigation world, most cases settle prior to trial. Therefore, we are experienced and knowledgeable in representing our clients in the mediation process. We have experience working with private dispute resolution companies, such as JAMS, as well as many excellent local business litigation attorneys who conduct private mediations. We have substantial experience in the art and strategy of presenting a case at mediation. Good settlements can often generate very substantial savings to the client in costs, time and attorneys’ fees. Engaging in such processes at an early stage of the dispute may even prevent a lawsuit from being filed in the first place.