Brian Carter completed the appellate briefing for the firm’s clients in a case in which he successfully opposed in the trial court (Mendocino County) an anti-SLAPP motion (Code of Civil Procedure, section 425.16) filed by the plaintiff/cross-defendant, but the plaintiff/cross-defendant then filed an appeal from the denial thereof. Mr. Carter then filed a cross-appeal for...Read More
Brian Carter completed a successful representation of a client that had purchased residential real property from a seller that retained surrounding property. Seller subsequently claimed an access easement over a driveway that crosses the land the clients purchased. Seller filed and served a lawsuit claiming an implied and/or prescriptive easement. Lengthy negotiations ensued, during which...Read More
Brian Carter successfully concluded a representation of a client whose rural property relies and benefits substantially from a water pipeline that originates at a spring on the uphill neighbor’s property, and has so benefited for decades. The right to take water from the spring was never reduced to a writing, and recently someone destroyed the...Read More
Brian Carter represented the firm’s client in the sale of (i) all of the corporate stock of a local propane distributorship, and (ii) the real property upon which the business was operated, for total sale proceeds in the low to middle seven figures. The transaction was a purchase of a small company by a larger...Read More
Brian Carter successfully concluded a protracted dispute between the firm’s clients (lessees/optionees) and their lessors/optionors regarding a residential and commercial property. When a fire destroyed a four-plex on the property, lessors sought to terminate the clients’ lease and option, and failed to cooperate with the clients’ efforts to rebuild the four-plex with insurance proceeds. Lessors...Read More
Alexander Rich Client prevails in contest of competing probate petitions. Alexander Rich successfully obtained letters of administration for his client in a Mendocino County probate despite opposition and a competing probate petition from an heir. The client, a creditor of the estate, initially filed a probate petition in October. One of the decedent’s children filed...Read More
On March 15, 2019, Brian Carter successfully opposed an anti-SLAPP motion filed against the firm’s clients. The case is a dispute over a road and easement. The neighbor filed the complaint claiming breach of a contract to upgrade the road, and the firm’s clients filed a cross-complaint, including a claim for slander of title against...Read More
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