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Civil Litigation

Business

 

Our attorneys represent a diverse group of closely-held businesses operating through the medium of general, limited and limited liability partnerships, corporations, limited liability companies and sole proprietorships. Businesses represented include numerous unique organizations that are prevalent throughout California, such as:

  • Private Schools

  • Construction Companies

  • Doctors

  • Dentists

  • Chiropractors

  • Lawyers

  • Real Estate Brokers

  • Insurance Professionals

  • Financial Planners

  • CPAs

  • Real Estate Investors

  • Franchisees

 

Our attorneys provide a pragmatic and straightforward approach to solve our client’s complex litigation problems. No matter what challenge a business faces, we will be your biggest and strongest advocate. The firm has extensive experience in business matters, and handles complex litigation ranging from shareholder disputes to those with its competitors. Business clients can count on receiving significant value from effective, successful litigation with results in all business matters… because protecting you and your business is what we do.

Real Estate

 

Our attorneys have extensive experience in handling all types of real estate litigation. Construction defect issues are prevalent throughout California and our attorneys have represented developers, general contractors, subcontractors and property owners in construction disputes. Our attorneys have a vast amount of experience in handling residential and commercial landlord and tenant disputes. Our firm represents landlords throughout California, even residential landlords within rent controlled areas such as San Francisco. In addition to construction and landlord-tenant litigation, we have successfully represented both buyers and sellers in residential, commercial and industrial real estate sales agreements.

 

Real Estate disputes can be complex and highly charged affairs. We understand the personal dynamics during a real estate dispute and we work diligently with our clients to advocate on their behalf to solve any issues. Our aim is to swiftly remedy the situation and provide you with an effective solution to manage your real property disputes.

 

Parcel Tax Litigation

 

Our firm has been at the forefront of a significant issue involving special taxing attempts to impose illegal taxes on property owners. Our firm’s involvement in these cases began many years ago when Alameda Unified School District asserted a property tax on property owners that imposed a higher tax on commercial and industrial property owners than residential property owners. School districts use these strategies to reach residential property owners living in the district who will vote for this type of tax passage. Commercial and industrial property owners usually do not have the ability to vote for or against property tax because they are often not residents of the district and are usually heavily outnumbered. California requires a two-thirds majority to pass property taxes due to Proposition 62. Historically, many school districts used this strategy to present a palatable tax to the voters within the district boundaries, knowing that the majority of revenue would come from those not able to vote in the district.

 

In 2008, Alameda Unified School District proposed Measure H. Measure H was a 4 four-year tax that imposed a rate of $120.00 on each residential property but imposed a tax of $0.75 per square foot of lot size on all commercial and industrial property with a cap of $9,500. This rate was imposed on all commercial and industrial property, even estuary property that had no ability to generate revenue. Our attorneys were the only attorneys who felt there was a chance to defeat this tax. Despite losing in the trial court, our attorneys successfully had this tax defeated at the Court of Appeal. The appellate decision was so strong, it withstood a massive push by multiple school districts to have the California Supreme Court review and reverse the case. The Supreme Court refused. With the Supreme Court’s passive blessing, Measure H was deemed illegal.

 

Since the Measure H litigation, this firm has represented taxpayers in numerous similar cases. Each time this firm is alerted to an illegal bifurcated tax, our firm moves swiftly and aggressively to eliminate the tax if the voters are unable to defeat the illegal tax at the poll. Brillant Law Firm has worked diligently to end these illegal parcel taxes throughout the State of California.

 

Unfortunately, some school districts attempt to pass bifurcated taxes during special elections or even mail in elections.  Sometimes our clients inform us of these taxes on time, and in other instances, our clients are too late to challenge the bifurcated tax since a lawsuit must be filed within 30 days of the election results.  If you think your school district, or other district that has taxing authority, has imposed an illegal tax, contact our attorneys.

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