Our attorneys have extensive litigation experience. Count on our law firm to handle your matters aggressively and effectively. At Brillant Law Firm we specialize in a number of highly specific litigation areas in addition to general civil litigation. Some areas of specialty include Trust and Estate Litigation, Business and Tax Litigation, and Real Estate and Parcel Tax Litigation.
Trust and Estate Litigation
Many lawyers involved in trust and estate litigation are fundamentally estate planners with limited or no experience in handling a contested matter in the trial courts. Our firm is different. Brillant Law Firm has years of experience in the courts and is one of the few firms that truly specializes in trust and estate litigation. Our trust and estate litigation clients are at a competitive advantage when engaging our firm to represent their interests. Our lawyers possess an in-depth knowledge of the substantive law and unique procedures applicable to trust, probate and conservatorship disputes.
Our law firm is known in the Bay Area as an expert in the highly specialized field of trust and estate litigation that will litigate against any firm – large or small. These cases are individually unique involving contests of trusts and wills, claims of breach of fiduciary duty, accounting actions or even claims of professional negligence by estate planners and other professionals providing estate planning advice. The many accomplishments we have obtained are due in part to the credibility we bring to court. Our lawyers are all comfortable in cross-examining witnesses, arguing arcane points of trust law and deposing hostile witnesses. Just as importantly, our lawyers have a reputation among courts and opposing counsel that we know how to build consensus with beneficiaries and court-appointed counsel to resolve disputes.
Our firm has had enormous success in the trial courts in probate matters of all types. Because of the successes in court, the firm has the credibility to obtain the most favorable settlements of disputes for our clients in mediation or even before there is litigation. Our lawyers counsel clients about litigation avoidance and can provide advice that only comes from years of experience in the courtroom. Our priority will always be to finalize agreements with solutions that benefit you – our client.
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
- Real Estate Brokers
- Insurance Professionals
- Financial Planners
- Real Estate Investors
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 Litigation
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.
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 including in the Davis, West Contra Costa and San Leandro school districts. As a result of our firm’s work, bifurcated school district taxes are practically eliminated.