Our litigation practice has always been a central practice area.  As shown by our emphasis on mediative resolutions, we implicitly view
litigation as a means of last resort.  In other words, it should be undertaken generally after less formalized resolution efforts have been
unfruitful. The reasons for this include increased cost, unpredictability, and protraction of a dispute or proceeding once litigation has been
started.  Of course, there are times when "pulling the trigger" on litigation from the outset is the right approach, as in cases where it is clear
that an adversary will not comply in good faith with settlement efforts or simply needs a motivational show of force to be cajoled into
settlement.

In those cases in which it has been determined that starting litigation immediately is appropriate, it is important to prosecute or defend
against claims using strong and proactive advocacy.   Notwithstanding  our belief in a vigorous tactical offense or defense, we do recommend
establishing an orchestrated strategy and litigation budget at the outset, even though it may be necessary later to adjust earlier budgetary
benchmarks to achieve the object of the litigation.  This is best illustrated by the fact that clients that have come to us after being
represented by other litigation counsel, expressing that they are disillusioned by the realization that they have expended substantial sums of
money, and see themselves as having accomplished no movement toward resolution since litigation started.   

The foregoing summarizes our litigation philosophy.  Business, real estate and estate and trust disputes comprise the core of our litigation
practice.  These broad categories subsume a wide variety of disputes.  Examples of certain species of disputes in which we successfully
represent clients are as follows:   

BUSINESS & CORPORATE:

  •        Breach of Contract
  •        Collection Matters
  •        Injunctive Relief/Restraining Orders
  •        Conversion/Replevin
  •        Lost Profits
  •        Defamation Actions (Libel and Slander)
  •        Fraud, Misrepresentation & Conspiracy
  •        Fraudulent Conveyances
  •        Rescission
  •        Tortious Interference with Contract or Business Relationship   
  •        Dissolution of Entities
  •        Accounting Actions Against Corporations, LLC's, Partnerships and Other Entities
  •        Breach of Fiduciary Duty
  •        Squeezed-Out and Frozen-Out Minority Business Owners
  •        Derivative Litigation
  •        Disputes Among Business Partners
  •        Probabilistic Modeling/Litigation Risk Assessment
  •        Corporate Governance
  •        Insurance Bad Faith Actions
  •        Professional Malpractice (Including Attorneys and Accountants)
  •        Administrative Proceedings
  •        Constructive Trusts
  •        Unfair Competition
  •        Infringement of Trademarks and Trade Secrets   
  •        Indemnity and Subrogation
  •        Unjust Enrichment      

REAL ESTATE:

  •       Lender Disputes
  •       Breach of Purchase and Sale Agreement
  •       Homeowner Association and Condominium Disputes
  •       Neighbor Disputes
  •       Landlord-Tenant Disputes
  •       Lender Tort liability
  •       Quiet Title Actions
  •       Cancellation of Written Instruments
  •       Title Insurance Disputes
  •       Owner Disputes
  •       Recovery of Notary Bond
  •         Slander of Title
  •       Compelling Specific Performance
  •       Broker or Agent Disputes
  •       Action for Recovery of Damages

ESTATES & TRUSTS:

  •       Actions for Surcharge and Removal of Trustee or Personal Representative
  •       Fiduciary Liability
  •       Trust Contests
  •       Will Contests
  •       Reformation of Wills and Trusts
  •       Matters requiring Court Instruction
  •       Contested Conservatorship/Guardianship Matters
  •       Accounting Matters
Litigation Practice
1278 Glenneyre Street
Suite 402
Laguna Beach, CA 92651
LAW OFFICES OF DANIEL D. KOPMAN  P.C.