News & Blog

Forming a business partnership has many advantages. It can help ensure you have additional capital and can access a broad scope of expertise for your company. Going into business with another person can also offer you more opportunities and support.… Read More

A trust can have many benefits for you and your beneficiaries, including avoiding the probate process and protecting your assets. However, it’s essential to understand that in order for a trust to be effective, it must be funded. This means transfe… Read More

While the Corporate Transparency Act (CTA) went into effect on January 1, 2024, similar legislation — Senate Bill 1201 — was recently passed at the state level. If approved by the governor, this California version of the Corporate Transparency Ac… Read More

If you own a business that employs others, it is crucial to have proactive measures to safeguard your company from employment-related litigation. Not only can lawsuits brought by current and former employees divert your attention away from your busin… Read More

Significant changes were made to the federal estate and gift tax system in 2017 with the enactment of the Tax Cuts and Jobs Act (TCJA). One of the most substantial changes concerned the increase of the lifetime exemption amount from $5.6 million to $… Read More

Running a business is difficult — and having to terminate an employee may be one of the hardest things you’ll ever have to do as part of its operations. Employee termination can significantly impact employee morale and company culture. If a termi… Read More

Due to their vulnerability, the elderly are at high risk of becoming victims of financial abuse. Age-related issues can impact an elderly person’s cognitive skills, making it easier for perpetrators to take advantage of them and gain control of the… Read More

A business lawsuit can be a serious matter for a company. Not only can the threat of legal action adversely impact a company’s reputation, but it can also harm its bottom line. If your company is facing litigation, it’s important that you underst… Read More

Using independent contractors as part of the workforce can come with numerous benefits for a business. However, it’s essential for employers to understand that there is a legal distinction between independent contractors and employees. Not only can… Read More

There comes a time for many business owners where they will face a dispute with an employee — whether it be related to wages, hours, the Family and Medical Leave Act, or alleged discrimination claims. Accordingly, if you own a business and hire emp… Read More

Commercial real estate transactions are complex and leases must be carefully negotiated. If you are a tenant, you must conduct your due diligence and take the time to properly prepare for a commercial lease negotiation. Failure to do so can result in… Read More

Wage claims can seriously impact an employer and their bottom line. These types of lawsuits can arise when an employee accuses their employer of withholding the wages they’ve earned or paying improper wages. While the litigation process can be leng… Read More

During the course of doing business, conflicts are inevitable. While some types of commercial disputes arise more frequently than others, it’s important to take mitigation measures in advance to avoid disruption to your company. In many cases, busi… Read More

Easement disputes and boundary disputes are among the most common types of conflicts that can arise between neighbors. While these cases can sometimes be worked out between the parties, in certain situations, they can require litigation to resolve. I… Read More

Estate planning is important for everyone — but it’s even more critical for small business owners. If you own a small business, estate planning is essential to ensure the legacy you worked so hard to build is preserved for future generations. Whi… Read More

If you’re an employer, it’s essential to understand how to properly classify your workers. Misclassifying an employee as an independent contractor can come with serious legal and financial consequences. While employers may sometimes intentionally… Read More

Commercial leases are complex documents that are used by landlords and tenants to safeguard their interests. They contain a variety of provisions that outline the rights and responsibilities of the parties — and must be carefully negotiated. One of… Read More

Kelli Sarkin’s article, “The Corporate Transparency Act Means More Rigorous Requirements for Corporate Clients”, will be published in the July edition of the San Diego County Bar Association’s New Lawyer Division’s newsletter, “For th… Read More

On July 17, 2023, attorney Fred Pfister, a partner at White and Bright, LLP, will be a guest speaker at the North San Diego County Association of REALTORS® (NSDCAR) Exclusive Broker Forum Webinar. The exclusive educational broker forum is targeted t… Read More

Fred Pfister, partner at White and Bright, will be presenting courses during the two-week event at The North San Diego County Association of REALTORS ® (NSDCAR) Professional Agent Success Series (P.A.S.S.). The event will be held at Marriott- Fairfi… Read More

Partner Michael Friedrichs recently obtained the dismissal of his client, a property owner, from a lawsuit that looked to foreclose a mechanic’s lien recorded by the plaintiff/vendor who was under contract with the property owner’s former tenant.… Read More

If you’re a corporate owner, commercial disputes are inevitable. Every business faces a dispute at some point — whether it involves a breach of contract, shareholder disagreement, business-to-business conflict, or a dispute regarding the purchase… Read More

Mergers and acquisitions are complicated transactions that can increase shareholder value, stimulate growth, and provide greater financial strength for the companies involved. By definition, mergers and acquisitions refer to the acts of consolidating… Read More

Many people avoid thinking about planning for incapacity. However, the unexpected can happen at any time — and it’s important to be prepared. No matter what age you are, and regardless of your health condition, it’s crucial to have an advance h… Read More

A residential real estate lease is a contract between a tenant and landlord. It allows the tenant to have the right to live in the property for a certain amount of time in exchange for rent. It also specifies the conditions with which both parties mu… Read More

At some point during the course of doing business, every entrepreneur will encounter a legal dispute. Unfortunately, when these conflicts involve fraud, misrepresentation of facts, interference with contracts, or theft of trade secrets, a business ca… Read More

Melissa Engle, a partner at White and Bright, LLP, has been named a 2023 San Diego Rising Star by Super Lawyers. This is the eighth consecutive year that Ms. Engle has been recognized with this award; this repeated recognition serves as a testament t… Read More

If your loved one recently passed, you may be experiencing a tremendous amount of grief and be emotionally overwhelmed. However, you might also have certain responsibilities during this difficult time and be required to deal with the property and ass… Read More

Finding the right California probate lawyer for your case can sometimes be a challenge. With hundreds of lawyers to pick from, you might not know where to begin your search. The right fit can depend upon a number of factors — and it’s vital to kn… Read More

The American Disabilities Act (“ADA“) requires employers to provide reasonable accommodations to disabled employees. Employers are legally required to engage in an interactive process with the disabled employee to identify potential accom… Read More

A trust is a strategic estate planning tool that can help to ensure your wishes are upheld after your passing. They can also be used to minimize tax consequences and preserve assets for future generations. However, a trust must be properly created an… Read More

If you’re a business owner, chances are you will need to enter into a commercial lease at some point. Whether you require retail, office, warehouse, or restaurant space, the terms of your commercial lease can play a critical role in the success of… Read More

Probate can be stressful and emotionally overwhelming. It’s important to have the guidance of an experienced attorney who can help you navigate the nuances of the laws surrounding probate and estate administration. However, you might be wondering w… Read More

Probate litigation can arise due to any number of issues that can occur during the probate process. These matters are often complex, emotional, and time-consuming — and it’s crucial to have a skillful probate litigation attorney by your side in t… Read More

In California, the probate courts do more than just oversee the administration of a decedent’s estate. They also have the authority to hear trust disputes. Many people might be confused by this since trusts are meant to avoid the probate process al… Read More

The new year has brought a set of new employment laws to California, including amendments to existing laws that impose more stringent requirements on employers. These new laws govern employee pay, discrimination, paid and unpaid leave, emergency cond… Read More

The business structure you select for your start-up can make all the difference when it comes to its success and longevity. Having a defined structure makes a company more appealing to potential investors. The type of entity you choose also determine… Read More

Commercial leases are complex documents that require meticulous review and rigorous negotiations. Unfortunately, they are often entered into by parties without careful consideration or a thorough understanding of the terms. For both commercial landlo… Read More

No business owner wants to be involved in a dispute — but they are sometimes unavoidable. Breaches of contract, confidentiality matters, and shareholder disagreements are just a few of the common conflicts that arise during the ordinary course of d… Read More

Mary Cataldo, a partner at White and Bright, LLP, was featured in the October/November 2022 Issue of North County Lawyer. Cataldo’s article, Penal Code Section 496(C) and Treble Damages in Probate Actions, explores the implications of the recen… Read More

In business, partnership and shareholder disputes can arise due to a wide variety of reasons. Critically, these types of conflicts can impact a company’s reputation, growth, and bottom line. Although disputes between partners and shareholders can s… Read More

At some point, most California business owners face a breach of contract issue. The term “breach of contract” means that one of the parties broke the terms set forth in the contractual agreement. Whether they failed to provide the product or serv… Read More

White and Bright, LLP is pleased to announce the addition of Elizabeth Baker as the firm’s newest associate attorney. Ms. Baker will add to the firm’s rapidly expanding trust and estates practice, specifically focusing on litigation, prob… Read More

Wage and hour claims are among some of the most common lawsuits faced by employers in California. These types of claims can arise when an employee accuses their employer of withholding the wages they earned or having paid the employee improper wages.… Read More

An offshore trust is an essential planning tool that can help ensure your assets are protected and your wealth is preserved for your loved ones in the future. However, you might be wondering whether it is worthwhile to set up a trust in a foreign jur… Read More

For new businesses, finding the right commercial space is critical — especially in the cannabis industry. There are a number of issues that can impact commercial landlords who lease to cannabis businesses. While the factors will vary, depending on… Read More

White and Bright, LLP, a Southern California-based real estate law, estate planning, and probate law firm, has announced the promotion of Bridget Burns, who specializes in asset protection, estate planning, and probate, from senior counsel to partner… Read More

Whether your objective is to minimize estate taxes, ensure financial privacy, preserve your family’s wealth, or distribute property more easily to your loved ones, trusts are an integral tool in estate planning. In California, there are a multiple… Read More

There are various reasons a dispute may arise concerning ownership of residential or commercial property. If you own or are about to invest in property that has a cloud on title, it’s crucial to take the necessary measures to protect your rights. C… Read More

White and Bright, LLP, is pleased to announce the addition of two new associate attorneys: Tucker Phillips and Kalli Sarkin. These new hires reflect the firm’s rapid growth. About Tucker Phillips Philips will add to the firm’s real proper… Read More

There are several reasons to set up a Cook Islands trust; as these factors have gained traction, the Cook Islands have emerged as one of the most popular jurisdictions for setting up offshore trusts. A Cook Islands offshore trust structure provides s… Read More

Melissa Engle, a partner at White and Bright, LLP, has been named a 2022 San Diego Rising Star by Super Lawyers. This is the seventh consecutive year that Ms. Engle has been recognized with this award; this repeated recognition serves as a testament… Read More

There are many different types of disputes that can occur during the course of a real estate transaction, and some issues related to real estate can even occur after the transaction has already been completed. While many controversies can be settled… Read More

Myths about offshore trusts are widespread and misleading. An offshore trust is a strategic asset protection tool that can offer various benefits, depending on your objectives. These structures are set up in foreign jurisdictions outside the United S… Read More

The California Constitution protects citizens within the state from usury, which is the lending of money at excessively high rates. While lenders are generally permitted to contract with borrowers for loans used primarily for personal, family, and ho… Read More

An offshore Cook Islands trust has many advantages for those who wish to safeguard their assets and property. Not only can these types of trusts provide a maximum level of protection from creditors, lawsuits, and judgments, but now, they can also off… Read More

There are many misconceptions concerning offshore asset protection methods. Some people might believe offshore trusts are only for high net-worth individuals or celebrities. Others may think they are used to conceal assets or carry out illegal activi… Read More

Mary Cataldo, a partner at White and Bright, LLP, has been elected to the Board of Directors of the Probate Attorneys of San Diego (PASD). Cataldo will serve on the Board for the 2022-2025 term. Giving Back to the Organization Cataldo first became in… Read More

A last will and testament is a crucial document that distributes an individual’s property in accordance with their wishes when they pass away. If you believe that you were entitled to a larger portion of your loved one’s estate or you were wrongf… Read More

Easements can be very complex — and they can often be the source of contentious legal disputes. In California, there are several types of easements that cover a wide variety of scenarios. If you’re considering purchasing a property with an easeme… Read More

Probate is the legal process by which the court distributes a deceased person’s property to their legal heirs. But as most people are aware, probate proceedings can be lengthy and costly. Importantly, with advance planning, there are several measur… Read More

By: Bridget Burns Most assets are relatively straightforward to deal with when creating your estate plan. Real property can be deeded to a trust; bank and investment accounts can have the title changed or transfer on death designations made out to th… Read More

Melissa Engle, a partner at White and Bright, LLP, has been named a 2021 San Diego Rising Star by Super Lawyers. This is the sixth consecutive year that Ms. Engle has been recognized with this award; this repeated recognition serves as a testament to… Read More

White and Bright, LLP is pleased to announce the addition of Bridget Burns as its newest associate attorney at the firm. Ms. Burns will add to the firm’s growing trust, estates and probate practice, specifically focusing on complex estate plans, pr… Read More

White and Bright, LLP is pleased to announce the promotion of Melissa Engle to the status of newest partner at the firm. For the previous five years, Ms. Engle has been an associate attorney at White and Bright, focusing on real property litigation a… Read More

White and Bright is proud to announce that The State Bar of California Legal Specialization program has named Jennifer Sinex as a Certified Specialist in Estate Planning, Trust & Probate Law. The State Bar of California program for certifying leg… Read More

The Americans with Disabilities Act (“ADA”) requires employers to reasonably accommodate the disabilities of their employees. The regulations outline a four-step interactive process that an employer must take to accommodate a disabled employee. Read More

White and Bright, LLP is pleased to announce the addition of Anna Burnett as its newest associate attorney at the firm. Ms. Burnett will add to the firm’s corporate, entity and real estate transactions practice. “Anna is an experienced transactio… Read More

Melissa Engle, a partner at White and Bright, LLP, has been named a 2020 San Diego Rising Star by Super Lawyers. This is the fifth consecutive year that Ms. Engle has been recognized with this award; this repeated recognition serves as a testament to… Read More

By: Frederick W. Pfister A commercial lease can have a major impact on your business, whether we are in the middle of a worldwide pandemic, or not. This is especially true in San Diego County, where the price of real estate, and commercial space, is… Read More

On April 14, 2020, attorney Fred Pfister will present a legal seminar for the Pacific Southwest Association of REALTORS®. This virtual seminar is targeted to real estate agents and brokers to update them on recent developments surrounding the Corona… Read More

White and Bright, LLP is pleased to announce the addition of Matthew Bertolucci as its newest associate attorney at the firm. Mr. Bertolucci will add to the firm’s litigation and real estate practice, two of White and Bright’s most rapidly gr… Read More

Cellular (“cell”) site leasing has become popular in San Diego County with the proliferation and increasing demand for cell phone and wireless bandwidth. This demand has created new opportunities for landowners in areas such as San Marcos, Oceans… Read More

White and Bright, LLP is pleased to announce the addition of Jennifer Sinex as the firm’s newest partner. Ms. Sinex brings decades of experience to White and Bright, and she will use this valuable knowledge to add to the firm’s estate plannin… Read More

White and Bright, LLP is pleased to announce the addition of Mary V.J. Cataldo as the firm’s newest partner. Ms. Cataldo brings valuable experience to White and Bright and will add to the firm’s trust and estate and civil litigation practices… Read More

White and Bright, a North County San Diego-based law firm for more than 37 years, announced today that two of its attorneys were named as San Diego Rising Stars in 2019 by Super Lawyers – Melissa Engle and Liam Perry. This is the fourth consecutive… Read More

On May 18, 2018, attorneys David Bright and Fred Pfister presented a Legal Update 2018 at the North San Diego County Association of REALTORS®. This seminar was targeted to real estate agents and brokers to update them on recent developments in the i… Read More

In its March 2018 edition, San Diego Magazine has named attorney Michael Friedrichs as a 2018 Top Lawyer in the area of Civil Litigation. The list was compiled by Martindale-Hubbell®, the authority in attorney reviews and ratings. White and Bright i… Read More

White and Bright announced today that two of its attorneys were named 2018 San Diego “Rising Stars” by Super Lawyers – Fred Pfister and Melissa Engle. This is the third consecutive year that Mr. Pfister and Ms. Engle have been recognized with t… Read More

On April 19, 2018, White and Bright founding partner, David Bright, will be speaking at the 37th Annual Real Property Law Retreat, hosted by the California Lawyers Association (CLA)at the Hyatt Regency Embarcadero in San Francisco. Mr. Bright is spea… Read More

On October 27, 2017, White and Bright founding partner, David Bright, will be speaking at the Southern California Real Estate Symposium, hosted annually by the Real Property Law Section of the California Lawyers Association (CLA). Mr. Bright is speak… Read More

White and Bright, LLP is pleased to announce the addition of Liam Perry as an Associate to the firm. Mr. Perry earned his J.D. from the University Of San Diego School Of Law in 2013, and graduated from the University of California, San Diego in 2009.… Read More

On March 30, 2017, attorneys Fred Pfister and David Bright, partners of White and Bright, LLP, conducted a presentation titled “Red Flags in a Transaction are Not Always Visible” for the North San Diego County Association of Realtors (NSDCAR). Th… Read More

In a recent appellate court decision (Boston LLC v. Juarez, 240 Cal.App.4th Supp. 28), the appellate court ruled that a tenant’s failure to timely obtain rental insurance following service of a three day notice to cure covenant or quit was a materi… Read More

When seeking to enforce a civil judgment in California, judgment creditors should be aware of the tools available to them to obtain information on the assets and finances of judgment debtors. Under the Enforcement of Judgments Law (California Code of… Read More

Recently, a California appellate court ruled on the enforceability of agreements for commission splits among real estate agents, which could have significant ramifications on how both agents and brokers share commissions earned for the sale of real p… Read More

A grant deed in lieu of foreclosure (“deed in lieu”) given by a beneficiary to a foreclosing lender does not merge with the foreclosing lender’s deed of trust. For creditors with junior liens secured by real property, including contractors who… Read More

A major concern collecting a business debt is whether the debtor has the assets to satisfy a money judgment and whether the assets will be available once a judgment is rendered for the creditor. The writ of attachment is a powerful tool to secure pro… Read More

First, some bad news. A CASp report[1] is now required by law for commercial properties when a lease is negotiated. The good news: when you have this report, you have the power to correct accessibility problems and to defend ADA lawsuits. CASp Report… Read More

Introduction The Legislature enacted SB 1186 to as a part of its ADA lawsuit reform efforts, specifically to address litigation abuse, such as “vexatious litigation” — lawsuits that are not pursued to rectify wrongs or to advance or create a pu… Read More

The U.S. Supreme Court decided a case which bolsters the rights of property owners against government agencies who impose “extortionate” demands or development fees. The opinion was issued on June 25, 2013 in the case of Koontz v. St. Johns River… Read More

What Does Sharing Have to Do with Boundaries and Encroachments? Sometimes our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning boundaries and encroachments can often be resolved by better unders… Read More

What Does Sharing Have to Do With Easements? Sometimes, our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning an easement can often be solved by a better understanding of how conflicting uses sho… Read More

Adverse possession is often cited as a very narrow remedy in California due to the challenges in showing payment of property taxes. While California has a very short five year time period to acquire property by adverse possession, it famously require… Read More

What standard of care or contractual duty should be applied in order for a party to fulfill a “best efforts” requirement in a contract? This question is a frequently litigated topic in contract dispute cases, including real estate contracts, as..… Read More

The recent decision in SCI California Funeral Services, Inc. v. Five Bridges Foundation (2012) 203 Cal.App.4th 549, confirms a new valuation approach for determining damages in the termination of an appurtenant easement. Background of the Case In thi… Read More

The recent decision in Connolly v. Trabue (2012) 204 Cal.App.4th 1154, confirms that a property owner must be proactive to take affirmative steps if they want to prevent a prescriptive easement from being established over their property. A frequent t… Read More