The Darvish Firm, APC

07/07/2020

05/08/2019

https://ktla.com/2019/05/07/beverly-hills-could-become-first-city-in-u-s-to-ban-sales-of-to***co-products/

Beverly Hills is considering outlawing the sale of to***co products, a move that would make the glamorous California city the first in the nation to enact such a ban. A draft ordinance scheduled to go before the Beverly Hills City Council on Tuesday evening would exempt only three existing high-end....

05/01/2019

Legislature seeking to impose a 40% estate tax on estates more than $3.5M.

A bill before the California legislature seeks to impose an estate tax of 40% on the net value of a decedent's estate in excess of $3.5 million, United States Tax Jeffer Mangels Butler & Mitchell LLP 30 Apr 2019

03/29/2016

CAN YOU RECOVER YOUR ATTORNEY’S FEES IN LITIGATION?

March 23, 2016 by Elan Darvish

The single most frequently asked question by each one of our Clients who become involved in a lawsuit either being sued or suing) is, “Can I recover my attorney’s fees?” The quick answer is, "depends". Attorney's fees are recoverable only “sometimes” because not claims include the right to recover attorney’s fees.

Generally, there are only two ways to recover attorneys fees in a litigation matter. 1) If there is a written contract which specifies that attorneys fees are recoverable in a dispute or 2) when a statue provides for the recovery of attorneys fees. Therefore, if there is no written contract that provides for attorneys fees, a statute must provide for the recovery of attorneys fees or a party cannot recover.

Many client in a litigation matter ask, whether they may file a cross-complaint in a lawsuit against the other party, for obvious reasons. If attorneys fees are at play, there are pitfalls and advantages to filing a cross-complaint. Each case should be analyzed by an attorney and careful consideration should be taken into filing a cross-complaint.

12/07/2015

Do you really need a Living Trust?

If you pass in an accident or in an accident with your spouse, or shortly after each other, without a trust, your estate may be subject to probate. California has some of the highest attorney fees, which start at 4% of the first $100k of the gross probate estate and can easily add up to tens of thousands of dollars.

One of the main advantages of having a living trust is being able to bypass the time and cost of probate, which is a process of administering an estate that may easily cost thousands of dollars and over a year or more to resolve.

The greater the value of your assets (particularly if you own real estate), the greater the benefits of a living trust.