Category Archives: Firm News

creditors rights attorney San Francisco

The Priority Of a Judgment Lien Relating Back To The Date of the Attachment Lien Saves The Day Years Later

As California commercial collections attorneys representing businesses trying to collect outstanding debts, we have been involved in several cases over years where aggressive litigation tactics taken early in the case have resulted in positive outcomes for our creditor clients years later.

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Boundary Dispute Resolution Real Estate Lawyer

How to Resolve a Boundary Dispute in California

Whether you have owned your Bay Area property for years or have recently acquired it, you could find yourself dealing with a boundary dispute at some point. If this happens, the best course of action is generally to remain as neutral as possible when the dispute arises. And quickly engage an experienced real estate attorney to represent you, as such disputes can end up in court.

Meera Parikh, a partner at Poniatowski Leding Parikh Law Corporation, recently settled a boundary dispute between two commercial properties in San Leandro that came to light when one property owner made improvement plans that imposed on the other property. In the end, Meera worked with the two sides to negotiate a settlement that avoided a court hearing. Continue reading

PLP Law Corp Mechanics Liens Experts

Kim Leding Wins Mechanics Lien Dispute for Client

Kim Leding, a partner at PLP Law Corporation, recent won a Mechanics Lien settlement on behalf of our client in his dispute with a large company. As a result, he recently posted this review on Kim’s AVVO.com profile. Reprinted here with permission:

Kim Leding is an Exceptional Attorney!

Kimberly Leding is an awesome attorney, FULL STOP PERIOD! From our initial consultation, I found Kim to be extremely knowledgeable of the type of case (a release of a Mechanics Lien) I presented to her for help. She was very open with me as she explained the facts, concerns and issues of my case. And, her fee was reasonable.

She was also always prompt with updating me on the status of my case. She never left me wondering as to what’s going on. My legal opponent is a large company. However, Kim swiftly and deftly resolved the case 100% in my favor. She is a legal warrior! I will, and have, recommended her to my friends and business associates.

If in the future, I find myself needing an attorney, I will not hesitate to seek her representation. I wish I could give her 10 stars!

~Wayne H.

PLP Law is Expert at Resolving Mechanics Lien Disputes

Poniatowski Leding Parikh Law Corporation has been handling business and real property legal matters like this Mechanics Lien case for over 30 years. Clients and legal industry colleagues know us as tough but fair advocates for our client’s interests. We have also earned a strong reputation within the Alameda County court system on matters of creditors rights and other contractual legal issues.

How may we help you resolve legal conflicts in a satisfactory manner?

PLP Law Trust Administration and Real Estate

Real Estate Legal Matters Within Trust Administration

An East Coast financial advisor recently had a Bay Area client who needed help closing an estate involving real property holdings after the death of a loved one. She came to us via referral, as the legal challenges of the trust administration were a bit complex and needed the expertise of a local estate planning and real estate attorney familiar with California law. Apparently we made a real difference.

The advisor sent this note to the person who referred us:

“Your attorney was VERY helpful. I wish the woman who needed him had connected with him sooner— so does she! Many thanks!”

Real Estate Ownership Issues Arise in Trust Administration

Sorting out ownership and title claims for real property for estate planning is critical to help heirs move on with their lives with minimal conflict. We are pleased to have had a hand in helping get this estate properly sorted out.

Our mission is always to put the needs of the client first, before our own. We are happy to have once again met that standard in this situation.

Poniatowski Racial Discrimination Forum Project

Mark Poniatowski Rotarian of the Month for Racial Discrimination Forum

The Rotary Club of Castro Valley recently honored our firm founder and partner Mark Poniatowski as Rotarian of the Month, along with fellow club members Roland Williams and Bernie Kempen. They were honored for their work establishing the club’s Racial Discrimination Forum and initiating a serious discussion of race in our community.

Mark Poniatowski Founds Castro Valley Rotary Club Racial Discrimination Forum to Explore Community Bias Issues

Here is an excerpt from the club’s announcement: Continue reading

Home Title Fraud a Growing Threat for California Homeowners

Title Fraud Legal Issues California

Home title fraud earned the “latest scam” label from the FBI back in 2008. Home title fraud (also known as “deed fraud”) is different from mortgage fraud. Title fraud occurs when someone obtains the title to your home through fraudulent methods. Then, the criminal tries to use your home’s equity to secure as many loans as possible. Homeowners can be completely unaware of this until the lender tries to foreclose on the home. It can take your real estate attorneys months to undo the damage. Continue reading

Decades of Quality Legal Work for Our Business from PLP Law

We have used the Poniatowski Leding Parikh Law Firm and have known Mark Poniatowski for over 20 years; we are extremely pleased with the legal advice we have received over those years. The staff is professional, easy to work with and dedicated in protecting our interests. Many of the issues we have asked assistance for are outside “credit/collection/recovery law” and the results have been just as successful. Without the help of Mark and his staff, we know that we would not have had the successful outcomes we have had. We certainly appreciate the knowledge and support received through this law firm.

2020 Google my Business Review for Poniatowski Leding Parikh Law Corporation by a Northern California Heavy Equipment Dealership with multiple locations.

Mark Poniatowski Super Lawyer Creditors Rights

Mark D. Poniatowski Recognized for Creditor/Debtor Rights Legal Expertise by SuperLawyers

For the second year running, our partner Mark D. Poniatowski has been recognized by SuperLawyers for his strong reputation in the Bay Area legal community as a Creditor/Debtor Rights lawyer.

Poniatowski Earns 2020 SuperLawyers Rating for Creditors Rights Work

Mark has been practicing law in Castro Valley and the East Bay for over 30 years, starting out with a real estate and small business law practice in 1989. Continue reading

Judgment In Favor Of PLP Law Client Upheld On Appeal Against Competing Secured Creditor In A Lien Priority Dispute

Poniatowski Parikh Commercial Property Creditors Rights

We represented a judgment lien creditor that sought priority of its attachment/judgment lien against the holder of a senior deed of trust in an interpleader action. This was to determine which party was entitled to nearly $300,000 in surplus funds after a trustee’s sale of commercial real property in Hayward, CA.

Hayward Commercial Real Estate Proceeds Subject to Creditor Dispute

After a 4-day bench trial in 2016 between these two competing secured creditors, the trial court entered judgment in favor our client, even though our client’s lien was recorded after the opposing party pension plan’s deed of trust. Continue reading

Employers: Focus on the “B” of the ABC Test When Analyzing Contractor vs Employee Status Under AB5

Workers Contractors or Employees PLPLaw AB5

We have been asked for guidance by many of our small business clients regarding the classification of workers as either independent contractors or employees based on the new California law known as AB 5.

Defining Independent Contractor Status Under AB-5

There are certain labor law requirements triggered when a worker is considered an employee rather than an independent contractor. A full discussion of them is beyond the scope of this blog. But, as most employers know, the additional labor law and tax requirements applicable to employees, compared to independent contractors, are significant.

Now we have AB 5, which is a new law effective January 1, 2020. Continue reading