Practice Areas : Kroloff, Belcher, Smart, Perry & Christopherson

FIRM PRACTICE AREAS

Appellate Advocacy

Business & Real Estate

Civil Litigation

Construction Litigation

Creditors' Rights & Bankruptcy

Employment & Labor Law

Estate Planning & Probate

Fertility & Surrogacy

Health Care Provider Representation & Medical Malpractice

Wine Law & Agribusiness

APPELLATE ADVOCACY

Kroloff, Belcher, Smart, Perry & Christopherson represents clients in all of the appellate courts in California, the Ninth Circuit Court of Appeals and the United States Supreme Court. Our attorneys have prepared and argued appellate issues in most areas of our litigation practice. We have also participated in many cases that have resulted in published decisions, affecting various practice areas.

BUSINESS & REAL ESTATE

Kroloff, Belcher, Smart, Perry & Christopherson handles a variety of business and real estate matters, representing the interests of both individuals and business entities. Over the years we have represented many large and small companies in business and real estate transactions, and our attorneys have developed an expertise handling real estate litigation. As a result, our clients include real estate developers, brokers, agents and Boards of Realtors®.

Our attorneys are also experienced in representing lending institutions, leasing companies, other financial institutions and various other types of creditors.

Our business trial lawyers combine extensive courtroom experience and trial skills with business law acumen. We believe that thorough preparation and efficient, cost effective case management are the keys to the successful resolution of litigation matters. While we prepare each case as if it will go to trial, we understand that the business interests of our client are often better served by the pre-trial disposition of his or her case. In order to provide litigation assistance to our clients in a cost effective manner, we utilize the skills of our knowledgeable paralegal staff to assist in pre-trial discovery and trial preparation. In addition, our experienced secretaries provide valuable support in all phases of litigation including preparation of pleadings, initiating and responding to discovery, and the preparation and filing of pre-trial motions.

Our business trial attorneys have also authored books and articles on trial practice and related matters and serve as speakers at continuing legal education programs.

Our practice includes the following types of business, commercial and real estate matters:

Commercial Litigation
Disputes Involving the Sale and Development of Real Property
Business Dissolutions
Unfair Competition
Contract Disputes
Business Torts
Public and Private Nuisance Claims
Environmental / CERCLA Litigation
Purchase, sale and development of real property.
Financing and leasing transactions.
Business formation and counseling.
Purchasing and sale of businesses.

CIVIL LITIGATION

For more than six decades, members of our firm have worked closely with insurance company representatives in the handling and disposition of third party liability claims involving personal injury. This tradition of civil litigation began in the 1940's with our founding partner, Yale Kroloff, and has been successfully continued for over six decades.

Our experience in general litigation covers a broad spectrum, ranging from the defense of major vehicular injury cases to the handling of complex product liability litigation.

Product Liability Litigation: Over the years our attorneys have successfully represented the manufacturers of numerous products, including vehicles and trailers, agricultural equipment, food products, chemicals, industrial equipment and machinery, pharmaceuticals and miscellaneous consumer goods.

Class Action Defense: Our attorneys have experience defending clients in various types of class action claims, including wage and hour, unfair competition (UCL) and Consumer Legal Remedies Act (CLRA).

General Civil Litigation: In addition, our attorneys regularly represent property and business owners in the defense of many types of premises liability claims. We also have expanded the scope of our representation to include self-insured clients both in the public and private sector, including lending institutions, universities, school districts and other governmental entities.

CONSTRUCTION LITIGATION

Kroloff, Belcher, Smart, Perry & Christopherson represents many clients in the construction industry, including owners, general contractors, sub-contractors and suppliers. We assist our construction clients in the defense of construction defect litigation and with litigation related to collection of construction debts and Mechanics' Liens. We also provide assistance and counseling with respect to contract negotiation and preparation.

CREDITORS’ RIGHTS & BANKRUPTCY

Kroloff, Belcher, Smart, Perry & Christopherson represents clients as creditors in a variety of collection forums. Our attorneys have experience in collection actions and post-judgment process before state and federal courts. We also represent clients as secured and unsecured creditors in bankruptcy proceedings.

EMPLOYMENT AND LABOR LAW

Kroloff, Belcher, Smart, Perry & Christopherson provides preventive counseling and litigation representation to a variety of businesses and other entities with respect to employment and labor issues. Our clients include lending institutions, hospitals, colleges and universities, public entities, manufacturers, retailers, and many other businesses. We also represent employees as claimants on a selected basis.

Preventive Counseling: Our attorneys offer advice and counseling to employers in an effort to avoid lawsuits and to enable businesses to operate productively. Our advice is prompt and responsive to the needs of clients. Specific areas of counseling include employee termination decisions, drug testing, and other personnel matters. We also review, prepare and update personnel policies and employee handbooks.

Litigation - Employment Discrimination and Wrongful Discharge: We represent our clients aggressively in employment-related lawsuits and administrative proceedings. Our success in disposing of litigation through pre-trial motions and jury trials is well known. We are also responsive to controlling litigation costs and expenses, in keeping with our philosophy of efficient representation.

Miscellaneous Employment and Labor Matters: We also regularly represent clients in wage-hour disputes, workers’ compensation discrimination claims, employee benefit issues, and other employment-related matters.

ESTATE PLANNING AND PROBATE

Kroloff, Belcher, Smart, Perry & Christopherson has several attorneys with extensive experience in estate planning, probate, and related litigation matters. In addition, we have a knowledgeable paralegal staff to assist us in handling probate and estate planning matters in an efficient and economical fashion.

Estate Planning: Our goal in estate planning is to develop a personally-tailored estate plan for each client. We will meet with the client in order to discuss and analyze the client's assets and objectives. We then assist the client in formulating a plan to transfer his or her assets to designated beneficiaries (either during the client's lifetime, upon his or her death, or both) with a minimum of loss due to taxes and administrative expenses. We often prepare a revocable living trust for a client as a major component of his or her estate plan.

We also advise clients on the use of Advanced Healthcare Directives and Durable Powers of Attorney for asset management.

Probate Services: The firm provides a complete range of probate services, from summary administration of small estates and community property confirmations to comprehensive, court supervised proceedings. Our goal is to assist our probate clients in distributing the estate's assets in a proper, efficient and timely manner.

Trust Administration: The firm advises trustees, including a number of professional trustees, in the trust administration process, including advising them on accounting and tax administrative issues, and trust disputes.

Probate and Trust Litigation: In addition to estate planning and probate administration, our attorneys have substantial experience in probate and trust litigation. This experience includes litigation involving the interpretation of wills and trusts, actions involving accountings, and disputes regarding the proper disposition of a decedent's estate or trust.

Conservatorships: We assist clients in a wide variety of matters involving conservatorships, including establishing them when necessary, preparing the necessary accountings and reports, and seeking substituted judgment orders.

FERTILITY AND SURROGACY LAW

For more than a decade, we have represented parents, surrogates, fertility centers, and others in the area of fertility and surrogacy law.

California courts have been in the forefront in upholding the rights and obligations of those who use a surrogate or an egg donor to help create their families. As a result, couples from around the nation and the world come to California for surrogacy, egg donation and other fertility options. Any couple considering whether surrogacy procedures are right for them, women considering serving as surrogates or considering egg donation, and businesses involved in fertility services all need the advice of professionals with experience in this field of law. Our attorneys provide assistance and representation to our clients, with due regard for the significant medical, legal, moral, and ethical considerations that are unique to this area of law.

HEALTH CARE PROVIDER REPRESENTATION
MEDICAL MALPRACTICE

Kroloff, Belcher, Smart, Perry & Christopherson has earned a reputation for its experience and expertise in providing counseling and litigation services to healthcare providers. Our representation includes litigation involving allegations of professional liability, premises liability, claims based on ERISA, HIPAA and other regulatory mandates, and a wide variety of employment, discrimination and ADA matters.

We provide counseling and continuing education programs for physicians, nurses and hospital executives. Our clients request advice concerning sensitive and urgent problems involving patient care, employee relations and a wide range of challenges facing healthcare providers today.

Our attorneys advise hospitals in the area of physician staff privileges, and represent physicians and hospitals in disputes arising out of staff privileges issues.

The firm represents a number of public entities that operate health care facilities. We have expertise in asserting the rights of our public entity clients with respect to the adequacy and timeliness of tort claims filed under the California Government Code.

We have expertise in environmental law and represent healthcare facilities in this area as well.

WINE LAW & AGRIBUSINESS

Kroloff, Belcher, Smart, Perry & Christopherson represents and counsels clients in agribusiness and the wine industry. Our clients include growers, retailers and wineries. We have a long history of representing these clients in transactions, business formation, contracts and litigation involving issues unique to the varied aspects of the agricultural industry and the wine industry.