THE LAW OFFICES OF KENT G. MARICONDA, APC

THINGS TO KNOW

 "Don't let a legal situation blind side you. Many problems may arise in dealing with a legal matter after too much time has gone by. Such situations will usually be more difficult to deal with. So don't bury your head in the sand and ignore things.  The proper time to start handling your legal matters is before they become a problem by being properly prepared and knowing a little about the law."

Personal Injury and Wrongful Death

  

Before an accident occurs is the best time to prepare for unexpected injuries resulting from Automobile Accidents, Slip and Fall Incidents, Defective Products, Assault and Battery, Construction Defects, or other situations.

To start, make sure you have adequate insurance. This should include policy limits for injury (liability coverage) and property damage (property damage coverage) that are high enough to protect your assets if you are determined to be at fault. You don't want to be in a situation where someone is going after your home or other assets if your insurance policy isn't going to cover all damages.

Consider getting an umbrella policy for protection beyond what your typical policy covers. It doesn't cost much more in the whole scheme of things and is well worth the peace of mind. In addition, get as much uninsured motorists (UM) and underinsured motorists (UIM) coverage that your carrier will give you. This provides coverage to you in the event that you are in an accident with an uninsured or underinsured motorist.

Do not drive in California without insurance. Under California Law, an uninsured motorist is not entitled to recover damages for pain and suffering

Insurance Claims and Bad Faith

 

 Claims may be covered by insurance but a dispute may exist with your insurance carrier over coverage.  This may occur from insurance claims that involve fire, theft, burglary, uninsured motorists, etc. One may also be entitled to a defense to be provided by their carrier or may feel that the carrier is not acting in good faith to protect the insured's interests. Make sure you know what type of coverage you have and that it protects you in the event of an unforeseen event.

Construction Matters

 

 Disputes between owners, contractors and subcontractors on both private and public works projects are common. Stop Notice claims, Mechanics Lien claims, Bond claims, etc. may come into play.  Be sure to timely file your preliminary notices on projects. If you don't, you may have a more difficult time enforcing recovery of payment if the owner or upper-tier subcontractor decides not to pay. Make sure you're properly licensed in the proper classification. If you're not, you will not have the right to enforce payment.

Real Estate Disputes

 

 Claims affecting title to property crop up over, boundary disputes, and easement rights, etc. Disputes among seller, buyer, real estate agents, title companies, and escrow companies are common. Your title company or realtor may be responsible for paying your attorney's fees if you have to litigate these matters. Business Law Contract disputes and corporate law. Formation of business entities and counseling of business matters including formation of corporations, joint ventures, partnerships, etc. If your corporation isn't set up properly, or not run properly you may not be personally protected by the corporate shield. Others may be able to hold you personally responsible by piercing the corporate shield in such instances. Run your company as a proper separate entity. 


LANDLORD/TENANT RELATIONSHIPS AND HOMEOWNERS ASSOCIATION INTERESTS

Rental agreements and leases typically govern these relationships but many terms may be unwritten and enforceable.

Mobile Home Residency Law








LANDLORD/TENANT RELATIONSHIPS AND HOMEOWNERS ASSOCIATION INTERESTS


If you own a mobile home in a mobile home park you are most likely than not covered by the Mobile Home Residency Law. (MRL) (Civil Code Section. 798 et. seq.) In this area it is extremely important to know your rights as you have numerous privileges and protections under the MRL that are much more expansive than the typical landlord-tenant relationship. Please click links below for reference to this valuable guide.  http://www.gsmol.org/mrl