Practice Area

Civil Litigation

The members of Kirk & Simas’ litigation team are not just litigators, they are first rate trial advocates. Every year, Firm attorneys try numerous cases to verdict. Firm attorneys have argued cases in front of federal and state trial courts, administrative law judges and in non-judicial forums such as before government agencies and in private arbitrations.

With local businesses at the core of Kirk & Simas’ practice, the Firm’s litigators think like businessmen and women and are trained to evaluate actual and potential exposure to litigation at the earliest stages, to first determine if an alternative solution can be negotiated. If litigation is unavoidable, the Firm will zealously advocate for and defend its clients.

Commercial & Agriculture Related Matters

Central Coast commercial and agriculture related businesses, and the families behind them, are Kirk & Simas’ core clients. Accordingly, the Firm’s litigation team has extensive experience defending and prosecuting complex commercial and business disputes for business clients, including ones involving: unfair competition, breach of contract, breach of warranty or representation, fraud, bankruptcy claims, UCC liens, business dissolution disputes, negligence and breach of fiduciary duty, slander and libel, Prop 65, trade secret violations, and more.

Trust & Probate Disputes

The Firm’s trust and estates attorneys have a long track record of successfully resolving varied estate administration disputes in both court proceedings and using other informal means to save clients time, money and emotional energy.

The Firm regularly represents estate plan creators and beneficiaries (including charitable non-profit organizations), corporate trustees (such as banks and trust companies), and private executors, trustees, administrators and other fiduciaries, in all manner of estate disputes.

Firm attorneys combine in-depth understanding of trust and estate law with decades of experience in litigation procedures and tactics, much of which is unique to trust and estate disputes. The goal is always to resolve the dispute in an equitable and efficient manner. Often that means that mediation and arbitration are used as alternative dispute techniques.

The end result is a more expert, more efficient and more creative advocacy in the wide range of contexts in which trust and estate disputes can arise. Those include: claims for breach of fiduciary duty or the duty of loyalty, claims arising out of assets sales, environmental claims, investment claims, beneficiary disputes (such as involving contested heirship, pretermitted and adopted heirs), disputed creditor claims, judicial construction and modification of wills and trusts, will and trust contests, will and trust validity, claims involving capacity, undue influence, elder abuse, contested powers of attorney, contested accountings, fraudulent transfers, partition actions, spousal right of election issues, wrongful death recovery, family and estate management disputes, and conservatorships and guardianships.

Unlawful Detainer

Kirk & Simas’ multi-discipline services for business clients include a robust unlawful detainer practice. This has been most evident during the 2020-2021 Covid-19 pandemic when the Firm’s litigators were on the front lines to make sure that property owners understood the ever-changing rules that also varied depending upon the local jurisdiction involved. Through the crisis, the Firm represented both small and large scale landlords and property managers of commercial, agricultural, condominium, and multi-tenant residential properties to assure compliance and when possible, act within the rules to protect their property.

Firm litigators also are versed in alternative resolution techniques to move tenants out and restore possession as soon as possible; however, if litigation is necessary they are experienced at guiding clients through the unlawful detainer minefield that often traps the unwary and many inexperienced attorneys. Additionally, Firm staff can prosecute post-judgment collections efforts to obtain the unpaid rent and other costs due to landlords after the tenant is removed from possession.

Real Property Matters

While the Firm’s real estate transaction team helps clients minimize the potential risk of litigation when structuring deals, situations can arise where disputes are unavoidable. In those cases, the Firm will litigate for clients in all phases of the real estate business cycle and for the spectrum of industry stakeholders including: lenders, developers, sellers, buyers, private equity funds, landlords, and brokers.

Firm attorney experience includes cases before arbitration panels and state, federal and bankruptcy courts and encompasses virtually every type of real estate-related dispute—from disputes concerning project financing, to construction litigation (claims among construction participants, as well as construction defect litigation), easements and title disputes, leases, restrictive covenants, ADA compliance, and disputes between commercial landlords and tenants, buyers and sellers, and participants within an ownership group.

Contact: CivilLitigation@KirkSimas.com

Employment

In today’s workplace, employers face increasing exposure to employment related regulatory compliance and other legal entanglements with employees. Whether it is administrative compliance, litigation in the courts, or proactive steps in advance to avoid both, every employer needs experienced counsel. Kirk & Simas’ employment law attorneys are committed to counseling and assisting employer clients to implement effective strategies to manage their businesses’ employment challenges and avoid costly litigation.

This assistance includes both designing policies and procedures aimed at effective and efficient compliance, and responding to litigation when it arises. If litigation is necessary, the Firm’s attorneys and staff are experienced in defending employers through all stages of proceedings before juries, judges, arbitrators and governmental agencies at the state, federal and appellate level, including matters involving: sexual harassment claims, wrongful termination, discrimination, wage and hours claims, administrative hearings, and retaliation claims.

Creditors’ Rights & Collections

Kirk & Simas litigators represent secured and unsecured creditors in pursuing and enforcing claims in state and bankruptcy court proceedings throughout the Central Coast. Whether it is a routine commercial and consumer collection action or representing creditors in bankruptcy cases, the Firm’s team of attorneys are able to help clients secure and enforce debtor obligations.

Insurance Defense

The Firm’s reputation for general litigation has helped build a comprehensive insurance defense practice. Kirk & Simas litigators have extensive experience handling insurance claims, insurance coverage and subrogation issues for insurers and self-insured companies at every level of state and federal courts throughout California.

Firm litigators are knowledgeable and experienced in a variety of complex dispute arenas, including: property, fire and casualty claims, title claims, motor vehicle accidents, construction defect, bad-faith litigation, toxic tort, environmental, and asbestos claims, professional liability, coverage opinion letters, employment, premises liability, general liability, and subrogation claims.

Alternative Dispute Resolution

As longer court queues, rising costs of litigation, and time delays continue to plague litigants, ADR has become the dominant mode of dispute resolution. That requires specialized negotiation techniques and Kirk & Simas’ attorneys are skilled in settling disputes outside of the courtroom.

Firm ADR experience includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.

Contact: CivilLitigation@KirkSimas.com