California Litigation: Business and Real Estate Disputes

Commercial Litigation
Real Estate Litigation
How We Litigate
When You Might Consider Litigation
"How To Litigate a Lawsuit" (Article by Mr. Markham)
"Anatomy of a Lawsuit" (Article by Mr. Markham)

We litigate business and real estate disputes in San Diego and elsewhere in California.

Our firm handles civil litigation, arbitration, and mediation in San Diego and elsewhere in California, helping our clients to make or oppose claims in business matters, real estate matters, and various other kinds of cases. We perform this work at the highest levels of competence and expertise, often in substantial matters and often against other leading law firms. We have many times obtained superior results for our clients in truly difficult matters.

Our California litigation practice is run by William A. Markham, a Harvard-trained attorney who has litigated cases in California since 1988. At your request, Mr. Markham can personally handle your entire case from start to finish. We have obtained superb results many times in very difficult cases, and we do not hesitate to try a case when we cannot obtain a fair settlement.

We litigate all kinds of business and real estate disputes, using our first-rate approach to trial work and thorough understanding of business law and real estate law. In particular, we litigate the kinds of cases described below and have a proven track record of experience and success in our performance of this work.

California Commercial Litigation

We litigate virtually every kind of commercial and business dispute, including the following: Contract disputes, partnership disputes, antitrust litigation, fiduciary breaches, interference with contracts, commercial fraud, misuse of confidential information and trade secrets, commercial defamation, unfair competition, employer-employee matters, and the whole range of issues that can arise between competitors or former colleagues.

California Real Estate Litigation

We litigate virtually every kind of real estate dispute, including the following: Foreclosures, condemnations and eminent domain cases, beneficial ownership claims, lease disputes, judicial partitions, failures to disclose, refusals to perform, construction defects, nuisances, boundary disputes, slander of title, quieting of title, easements, title insurance, escrow funds, lender liability matters, commission disputes, etc.

How We Litigate

At the very outset we take special care to develop our statement of the case. We fully analyze the controversy, prepare our theory of the case, and promptly decide upon the best course of action. We then set out to compile the necessary proofs and defeat the various counter-measures that we anticipate our adversary will employ. If along the way we cannot reach a proper settlement, we show up at trial, not shy away from it, and better still we show up prepared to win.

Moreover, we strive in each litigation to take the initiative, not merely respond to what the adversary does, and we aim at every stage and particularly at trial to state our client's best possible case in light of the evidence and prevailing laws.

Using this approach, we have many times obtained superb results for our clients, often in exceedingly difficult cases. We always aim in each case to provide first-rate representation and advocacy for our clients, who we understand have come to us because they find themselves confronted with a pressing legal problem that requires our attention, skill, and vigilance. It is in this manner that we litigate our cases.

When You Might Consider Litigation

You or your business might wish to confer with us about litigation if you face one of these situations:

Someone has breached an obligation or duty owed to you under a contract or in a business relationship, causing harm to you.

You find yourself in a dispute that concerns real property or arises from a transaction secured by real property.

Someone has used fraud to trick you into entering an ill-advised contract or unfair business relationship, causing harm to you.

You seek to be excused from an agreement or business relationship, or you wish to have its terms and conditions modified.

You have been sued or threatened with a lawsuit.

You seek to avoid a litigation, but find yourself involved in an unfolding controversy over a contract, business arrangement or real estate transaction.

You wish to evaluate or pursue antitrust claims because a dominant firm or rival competitors have employed predatory business practices in a given line of commerce or market, doing so in order to undermine competitors, establish control of markets or impose unfair commercial restraints on captive customers. We also represent defendants in antitrust cases as well as those who are investigated or regulated by antitrust authorities.

You have condemnation claims or inverse condemnation claims, or you have been approached by a government agency that wishes to purchase land from you, saying it will do so by using its power of eminent domain if an agreement cannot be reached.

If any of these situations has arisen, or if you wish to confer about a litigation in which you are already involved, please call or contact us at wm@maldonadomarkham.com.

You can read more about our litigation practice by clicking here.

You can also read our following articles on litigation: