Author Archives: Brent Clemmer

Why Choose an Experienced Healthcare Litigation Attorney

As attorneys that help clients with healthcare civil litigation, it important to take note of the wide variety of issues this field encompasses. The many types of disputes that arise between partnerships, from employees and even competitors in the healthcare industry, require an attorney that is well versed and familiar with that field of law. Dealing with litigation within the healthcare field requires a professional who truly understands the specific and unique challenges civil proceedings may present. Continue reading

2 Things You Must Know About Condemnation and Eminent Domain

The Difference Between Eminent Domain and Condemnation 

Eminent domain gives the government the power to take a private property, including its title, for public use. When the government exercises its right, they are utilizing the legal process called condemnation. The US Constitution (5th Amendment) and state law require the government to issue fair compensation. Both parties must agree, or the condemnation begins, and a court will decide. 

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Your Key To Success: Real Estate Entitlement & Development

California can be a challenging state when it comes to developing real estate projects. It has some of the most stringent regulations in the nation, and these are constantly evolving to include even more obstacles to understand and overcome. Having legal counsel with the ability and experience to collaborate with applicable government agencies and navigate California’s daunting regulatory system is an invaluable asset for any land developer.

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Steps to Winning the Appeals Process

Losing your court case is not the end. If you feel the outcome was wrong or you want to protect a favorable ruling, getting a consultation with an established law firm can help handle the appellate process. SBEMP has experienced Palm Springs civil appeals attorneys who efficiently handle appellate law. 

The First Steps of the Process: 

  • After the decision, your lawyer files a notice of appeal.
  • A complete examination of all related documents to the court ruling will uncover any flaws to exploit in your case.
  • After this examination, your attorney will formulate a forward-thinking strategy and draft compelling appellate papers. 
    An appellate brief is drafted, then submitted to the court.
  • Your case is then heard in front of a panel of judges. 

Strategy Execution: 

Our skilled attorneys will use all the tools available to make a compelling argument for your case. This may include interlocutory appeals, or writs, to enhance your position during the trial process. 

The strength of the case in the appellate process depends on clear and validated facts. The Information must be written in a concise manner, backed by thorough research. The SBEMP attorneys then construct expert written and oral arguments. 

Recognizing how lives are impacted with appeals is of utmost importance. The attorneys of SBEMP have harnessed a thorough understanding of federal and state appellate court in California.

Our Palm Springs civil appeals attorneys are an invaluable resource. Contact our law offices to discuss your case with one of our experienced attorneys.

Writing Good Contracts Protects Your Business From Risk

What Is A Good Contract? 

A perfectly prepared contract covers many details, both minor and major. A contract is more than a list of these details, but also includes the business processes and decisions. It is important that you document your processes to the respective transaction.

What Are The Risks Of A Poorly Written Contract 

An improperly created contract can make your company vulnerable in the event of an upset client or could also mess up your relationship with vendors. The more potential vulnerability there is, the more of a priority it is to consult an attorney to help with your contract. 

What Can Make Your Contracts Better? 

An attorney can advise you on contract issues, or even create a good contract system for you. They can provide updated contracts and policies that will be practical and help you get the necessary signatures. Their work will help your business negotiations with organization, and they can assist with awareness of any potential risk probabilities. 

Where To Find Knowledgeable Legal Advice? 

SBEMP has attorneys that are experienced in various types of contracts. They have been doing this type of work in the Palm Springs area with clients from various business industries. They understand how to use contracts, clauses, procedures, and systems to reach an end of profit and build relationships between businesses. Whether you need a review, draft, consultation, audit, training, or something custom created, contact SBEMP’s Palm Springs corporate law firm for a low risk, uniform contract system.

Construction and Real Estate Risks and Law

Palm Springs construction and real estate laws account for developers, contractors, and landlords in control of inadequate maintenance, inspection, design and construction of buildings for residential, commercial, and industrial use. Typically, real estate litigation arises out of contracts that have gone wrong. Typical examples are insurance firms that will not pay or construction that presents delays, defects, and more.

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The Benefits of Companies Establishing an LLC

Businesses, by law, are required to adopt formalities within the corporation to ensure the company functions as a separate entity to themselves, independent of the company’s owners. A Limited Liability Company is also known as an LLC and is, for instance, set up as the entity itself and shields the individual owners from personal liability.

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Why Litigate? Why Litigation Can Be The Best Choice

When a dispute arises that cannot be resolved between two parties, they will frequently opt for litigation as a means of settling the dispute.

Why Litigate?

In the normal course of events in a commercial transaction, disagreements occur. Litigation is recommended so both sides can state their case, and the dispute can be resolved. It may be two companies in the litigation, or a company and its client.

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Legal Considerations Regarding Zoning Laws

Zoning laws are codes that regulate structure size, location, and use within a specific area of a city or municipality. Zoning laws usually vary from one state to another and among municipalities. Certain homeowner’s associations or communities that are gated often have their own additional zoning laws and ordinances. One example of a zoning law is a setback ordinance, determining how close to your property line you can build any structure. Continue reading

Why Seek Legal Help in Construction Disputes

Disputes can occur at all stages of a construction project. Construction litigation is risky, the damage awards can be large, and professional reputations, and emotions are often involved. Our Palm Springs business litigation law firm understands the interests, and the stakes of those involved. Resolutions require pragmatic approaches, and experience. Representation is required for contractors, suppliers, architects, developers, tenants, engineers, purchasers, insurance companies, and sellers.  Continue reading

An Eye Opener on How to Handle Commercial Litigation Using Alternative Dispute Resolution

In today’s world of business, most business organizations are fond of suing other firms and, the same time, are being sued. However, if a firm is not careful, they can find themselves on the wrong side of the arm when a lawsuit becomes serious, and a legal battle erupts. This is because the hearing sessions can take a long duration before a verdict is met. At the same time, both parties entangled in the lawsuit end up spending a lot of money in solving the case. It is for this reason that most parties that find themselves in such a situation opt to engage in an alternative dispute resolution as a better way of solving their differences. Continue reading

Get Familiar With Zoning Before You Buy

Know Your Zoning Laws

If you are considering buying some land, you first need to get familiar with the zoning of the property. The federal, state, or even the local governments has a say in how the land is to be used. Property can normally be designated for either commercial or residential. If you are unsure on the zoning for the property, contact your local planning agency or one of our Palm Springs real estate lawyers. Continue reading

Updated Case in Land Use Law

Scher v. Burke (June 15, 2017, S230104) 

Many substantial private landowners records observe, under the arrangements of the Civil Code, with a specific end goal to guarantee that open utilization of their property does not transform into a suggested devotion of their territory to people in general. Those landowners can rest all the more safely in the wake of this choice. Continue reading

Is Arbitration Right for Me?

There is not much worse in life than having to spend time and energy going to court to settle a dispute.  You have heard about arbitration, but you thought that it could only be used in big dollar amount cases, and not for your small claim commercial case. Arbitration uses a third party to settle a claim, the third party will review the evidence and come to a decision that is legally binding and will be enforced by the court. Continue reading

5 Ways to Settle Disputes Without Litigation

We find that people involved in a legal action assume that a day in court is the only way to resolve the matter. However, it is important to realize that there are other options available to save time and money. Included here are a few alternative methods that have been used successfully to settle a legal matter out of court. Continue reading

Environmental Lawyers to Help with Your EPA Questions

It isn’t easy to navigate through the technical issues that arise in corporate transactions involving technical issues related to environmental matters. The maze of complex regulatory requirements and resulting liabilities can be difficult to understand. Today, public awareness and the urgency to move toward sustainable living creates business risks and opportunities. Continue reading

Understanding Land Use Laws and Zoning Requirements

What Exactly Are Land Use Laws?

Primarily enacted to protect the environment, land use laws govern how individuals can use specific parcels of property, regardless of if they are privately owned. Land use laws vary from state to state, and the governing of and modifications of these laws are administered by municipalities within these states. Continue reading

Prejudgment Attachment Order in Banking Law

Oftentimes, lawsuits can take many months, if not years, to resolve. In that time span between when suit is brought and judgment is entered, a defendant may try to put his or her assets beyond the reach of the plaintiff and the court. It becomes impossible to satisfy the claim and the judgment becomes worthless. Continue reading

Real Estate Attorney Resolves Property Issues

Our Coachella Valley real estate attorney helps clients through complicated, difficult real estate transactions, both nationally and internationally. Our firm advises and represents clients who own property, develop property, or finance real estate sales or development. We also represent contractors with interest in real estate development projects in Riverside County. Our law firm can help you with foreclosures, eminent domain issues, and residential or commercial leases.

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Attaining a Better Understanding of Real Estate Law as it Applies to Funding Issues

Real estate finance transactions require the services of a legal professional. This is true whether the transaction is relative to development or investment. The lawyer is engaged in order that the deal is properly negotiated and that all relative documents are acquired, and, summarily, reviewed. The real estate legal professional is particularly important, to client needs, in that he provides reports to the lending institutions, and the borrower. The reports address information regarding the property’s title—which is in the process of being acquired. Continue reading