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Zemanek & Mills, APCZemanek & Mills, APC
  • Home
  • The Firm
  • Practice Areas
    • Business Litigation
    • Real Estate Litigation
    • Real Estate
    • Trust Litigation
    • Special Education Law
    • Environmental & Regulatory
    • Insurance Claims and Insurer Insolvency
  • Articles and Blog
  • Contact Us

Articles and Blog

This articles and blog entries published here are intended as sources of information for the clients of Zemanek & Mills and others interested in the topics discussed. They are not legal advice.  Every situation is unique, and the law changes over time.  Do not act in reliance on information in any of the articles or blog entries published here without discussing your situation with legal counsel of your choosing.

Copyright © 2018, Zemanek & Mills, a Professional Corporation.

All that Glitters Is Not Gold: A Summary Judgment Can Derail A Real Estate Case With Great “Curb Appeal”

August 2018

A new legal claim, like a piece of real estate, can at first blush have great “curb appeal.”  But sometimes...

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General Contractor Liable for Wages and Benefits of Sub’s Employees

February 2018

General contractors beware:  For all private works contracts you enter into on or after January 1, 2018, you are responsible...

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Making Claims Under the Policies of Bankrupt Insurers Can Be Difficult

March 2005

Even large and well-established insurers (like Reliance Insurance Co.) all too frequently slip into insolvency. The California insurance commissioner’s Conservation and Liquidation Office has had its hands full liquidating the assets of insolvent insurers.

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When Is a Deal a Deal?

January 2005

You don’t have to be a lawyer to have a fairly good idea of what a formal, written, legally-enforceable agreement looks like. But it is not nearly as clear whether (and when) more informal documents often drafted in the heat of initial negotiations, such as letters of intent, deal point memos, or even exchanges of letters, may amount to legally enforceable agreements.

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Courts Bolster Duty to Pay Claims of Insolvent Insurers

October 2004

Several recent decisions signal a willingness by the appellate courts to question, and reject, the California Insurance Guarantee Association’s restrictive interpretations of statutes defining its obligation to pay “covered claims” for insolvent insurers. These decisions mark a trend toward construing those statutes more liberally and more in accord with their remedial purpose.

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What Constitutes “Best Effort?”

June 2004

Leases and other agreements, such as purchase and sale contracts, sometimes require that parties use their “best efforts” to perform certain contractual obligations.

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When the Insurer Goes Under

March 2004

Whatever the nature or merits of your claim — whether you are representing a personal injury plaintiff or a workers compensation claimant, pursuing a professional liability claim, or trying to collect in a complex construction defects action — you could face a grave challenge from something completely outside your control: One or more of the liability insurers you expected to answer for the anticipated judgment could become insolvent.

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Allow for Subleasing in a Down Market

December 2003

Can a landlord impose lease terms so restrictive that, according to the Civil Code, the landlord will be deemed to have sacrificed an important legal remedy?

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Zemanek & Mills holds an A-V rating in the Martindale-Hubbell Law Directory, the highest rating for both legal skills and ethical standards. The firm prides itself on being legal and business counselors in the fullest sense. Personal attention from the two members is foremost. The firm strategizes with its clients to determine the clients’ goals and to devise the best method of achieving those goals.

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