Litigation Services

Business and Construction Litigation, Real Property Disputes, Troubleshooting

Mr. Kramer has practiced general commercial, real property and construction litigation in Orange County since 1990.  In that time, he has successfully represented his clients in both bench and jury trials, as well as in many alternative dispute resolution forums, including arbitration, mediation and related venues.

In all cases, Mr. Kramer makes it his practice to communicate regularly with each client to ensure that both the attorney and client are operating with the same objectives in mind, and according to a plan of advocacy explored and agreed upon in advance.

The following represent some of the more common categories of litigation handled by the Firm:

Business Contract Disputes: The Firm has successfully represented numerous persons and companies in the defense and/or prosecution of damage claims arising from all manner of commercial agreements.  This includes employment and severance agreements, licensing agreements, leasing agreements, non-competition agreements, consultant agreements, confidentiality and non-disclosure agreements, indemnity agreements, manufacturing agreements, broker agreements, purchase and sale agreements, real property contracts, promissory notes and other commercial contracts.

Construction Contracts and Claims:  The Firm has successfully represented numerous members of the construction industry, including generals, subs and suppliers, in defense and prosecution of damage claims arising from construction agreements.  The Firm is experienced in the handling of claims arising on both private and public works of improvement, as well as with the unique laws pertaining to mechanic's liens, license bonds, and payment and performance bonds.  The Firm is equally familiar with those issues of law unique to the construction industry, including "pay when paid" clauses, liquidated damages, delay and/or impact claims, retention, interference and related damage issues.  The Firm has at its disposal reliable and credible sources of expert consultants, who will provide the client and the Firm with an honest evaluation of the merits of any given claim or defense relative to the standard of the trade or industry at issue.

Real Property Disputes:  The Firm has successfully represented numerous persons in the defense and prosecution of claims arising out of actual or contemplated real estate transactions, including both purchase and lease contracts.  Much of the Firm's work in this area occurrs in advance of, and thus in lieu of, litigation.  In addition, the Firm has experience in the prosecution and defense of claims relating to issues of trespass, nuisance, easement, and related rights of use claims.

Small Business Issues:  The Firm has successfully represented its Small Business certified clients in the defense of state agency initiated investigations, inquiries and/or sanctions, as well as with resolution of other actions taken by the state or local municipalities which threaten to compromise the small business client's revenue.  The Firm has successfully worked with public agencies to resolve all parties' interests, but without the delays and expense associated with a more formal dispute resolution forum.

Homeowner/Association Disputes:  The Firm has successfully represented numerous homeowners in connection with disputes arising out the enforcement and/or lack of enforcement of the governing CC&Rs.  The Firm understands the statutory prerequisites attending to such claims, as well as the uniquely sensitive nature of homeowner disputes.  Often, through a process of alternative dispute resolution (i.e. mediation or arbitration), the Firm may secure a more efficient, cost-effective and equitable result for its client.

Business Torts:  The Firm is keenly sensitive to the need for every client to guard its business name, products, intellectual rights and reputation, as well as the need, when warranted, to quickly stem any competitors unfair business practices through affirmative action and, if necessary, court involvement.  In this respect, the Firm continues to successfully represent its clients in the prosecution and defense of both statutory and common law claims of unfair competition, unfair business practices, deceptive trade practices, misappropriation of trade secrets, and fraud.  The Firm is knowledgeable with the type and nature of relief which the law affords in such cases, as well as with the costs which may attend to the prosecution or defense of these claims.

Business Dissolution/Separation of Interests:  The Firm is familiar with the process by which a client may legally effect the voluntary or involuntary dissolution of a business entity in which one maintains an equity interest.  Whether the interest is in a partnership, limited liability company or corporation, and whether the dissolution is accomplished cooperatively or through an adversarial process, the Firm is able to assist its clients through this process.

Alternative Dispute Resolution (ADR):  The Firm recognizes the availability, in some instances, of methods of dispute resolution less costly than litigation, such as arbitration, mediation, and related venues.  In some cases, the Firm may be able to successfully broker a solution more timely, less stressful, and more cost-effective than litigation.