Frequently Asked Questions

Straight Answers From Rokita Law, P.C.

Legal problems rarely come with simple answers, but they should come with clear ones. Below, we’ve answered the questions we hear most often, and the ones people most often search for, from business owners, entrepreneurs, property owners, and investors across Beverly Hills, Newport Beach, and the rest of Southern California. If your situation isn’t covered here, that’s what a consultation is for.

About

What areas of law does Rokita Law, P.C. focus on?

We concentrate our practice where we can do the most for our clients: business law and litigation, and real estate law and litigation, trademark filing and enforcement, and California lemon law claims. We don’t try to be everything to everyone. That focus is what lets us go deep on the matters that affect your livelihood, your property, and your brand.

Where is Rokita Law, P.C. located, and who do you represent?

We have offices in Beverly Hills and Newport Beach, and we represent business owners, entrepreneurs, property owners, investors, and families throughout Los Angeles County and Orange County, including Beverly Hills, Santa Monica, Century City, West Hollywood, Culver City, the San Fernando Valley, Newport Beach, Irvine, Laguna Beach, and the surrounding communities.

Who is Amanda Rokita?

Amanda M. Rokita, Esq., is the founder of Rokita Law, P.C. and a California trial attorney who has represented businesses and property owners in multi-million-dollar disputes throughout Southern California. She earned her J.D. from Southwestern Law School in 2016, has been licensed by the State Bar of California since 2017.. She has been named a Super Lawyers Rising Star every year since 2022, a distinction reserved for the top 2.5% of attorneys under 40 in California, and she holds a perfect 10.0 Avvo rating.

What happens during my first consultation?

We listen first. Before we talk strategy, we want to understand your situation, your priorities, and what outcome actually matters to you. From there, your attorney explains your legal options in plain language, answers your questions directly, and, if it makes sense to move forward, outlines what representation would look like and what to expect next.

How much does it cost to hire Rokita Law?

It depends on what the matter actually requires. Cost is driven by the complexity of the issue, the amount of work involved, and whether it can be resolved through negotiation or needs to go to litigation. We discuss fee structure openly during your consultation so you understand the potential cost of representation before you commit to anything.

Do you only take cases that go to trial?

No. Most legal problems are resolved through negotiation, and we prepare every matter as if it’s going to trial precisely because that preparation is often what produces a strong settlement in the first place. When a case can’t be resolved at the table, though, we’re ready to litigate it. Our attorneys handle matters through pleadings, discovery, pre-trial motions, and trial when necessary.

What makes Rokita Law different from a larger firm?

Personal attention and direct access. At a larger firm, your matter can get passed between departments and associates as it moves through the process. At Rokita Law, you have one attorney who understands your case from the first phone call to the last court date, and who tells you the truth about your position before advocating hard for it.

Does Rokita Law handle matters outside business and real estate law?

Yes, in a targeted way. Beyond business and real estate, we handle trademark and intellectual property matters, California lemon law claims, and civil litigation connected to those areas. If your issue falls outside our focus, we’ll tell you that directly during your consultation, rather than taking on work we’re not positioned to do well.

10. How do I schedule a consultation with Rokita Law?

You can schedule a consultation directly through our online booking page or reach out through our contact form. We have offices in Beverly Hills and Newport Beach, and we’re happy to discuss your matter over the phone if that’s easier for your schedule.

Business Law FAQs

When should I hire a business attorney instead of handling things myself?

The earlier, the better, especially before you sign anything. A business attorney’s greatest value is often preventive: reviewing a contract before it’s binding, structuring a partnership before disputes start, or flagging a compliance issue before it becomes a lawsuit. If a dispute is already underway, involving counsel immediately protects your ability to respond within California’s litigation deadlines.

What business entities can I form in California, and how do I choose the right one?

California business owners typically choose between an LLC, a corporation (S-Corp or C-Corp), a partnership, or a sole proprietorship. An LLC offers pass-through taxation and flexible management, which makes it a common choice for owner-operated businesses. A corporation involves more formal governance and is often preferred by companies planning to raise outside capital. Both LLCs and corporations are subject to California’s $800 annual minimum franchise tax. 

Can an LLC protect my personal assets from business liabilities?

Generally, yes, that’s the core purpose of the entity. But that protection isn’t absolute. Courts can disregard the LLC structure and hold owners personally liable if the business commingles personal and company funds, fails to maintain corporate formalities, or is used to commit fraud. Keeping clean, separate financial records is one of the simplest things you can do to preserve that protection.

Is a verbal agreement legally binding in California?

It can be, but proving one is a different challenge than proving a written one. An enforceable contract, verbal or written, generally requires an offer, acceptance, consideration, and mutual understanding of the terms. Certain agreements, however, must be in writing under California’s Statute of Frauds, including contracts that can’t be performed within one year, real estate sales agreements, and agreements to pay someone else’s debt. If your business relationship matters, put it in writing.

What makes a business contract enforceable in California?

Courts generally look for offer and acceptance, consideration, capacity of the parties to contract, mutual assent to the same terms, and the absence of fraud or undue influence. Meeting the legal minimum isn’t the same as protecting your interests, though. A contract can be technically enforceable and still favor whoever drafted it. That’s why we review agreements for substance, not just form.

How long do I have to sue for breach of contract in California?

For a written contract, California generally allows four years from the date of the breach to file suit. For an oral contract, the window is generally two years. These deadlines are strict, and missing one can permanently bar an otherwise valid claim, so don’t wait to talk with an attorney if you believe a contract has been breached.

What should a well-drafted business contract actually include?

At minimum, it should clearly identify the parties, define the scope of work or deliverables, spell out payment terms and deadlines, address who owns any intellectual property created, include a dispute resolution mechanism, and set out how and when the agreement can be terminated. Vague language in any of these areas is one of the most common sources of business litigation we see.

Should I sign a contract that includes a mandatory arbitration clause?

Read it carefully before you decide. Arbitration clauses can send a future dispute to private arbitration instead of California court, and some also select a different state’s law or venue. That may be fine for a low-stakes agreement, but for anything involving significant money or a long-term relationship, it’s worth understanding exactly what rights you’d be giving up before you sign.

What remedies are available if another party breaches a business contract?

Depending on the situation, you may be entitled to monetary damages, termination of the agreement, or in some cases specific performance, where a court orders the breaching party to actually fulfill their obligations. Some contracts also include attorney’s fee provisions, which can allow the prevailing party to recover legal costs. We evaluate which remedy actually gets you the outcome you need, not just the one that’s easiest to file.

What should I do if my business partner isn’t holding up their end of the agreement?

Start by reviewing your partnership or operating agreement closely. It likely defines each partner’s duties, and California law separately imposes fiduciary duties of loyalty and care on partners and LLC managers. If informal conversation doesn’t resolve the issue, we help clients enforce partnership agreements, address breaches of fiduciary duty, and, when necessary, pursue litigation to protect their ownership interest.

Can a shareholder sue on behalf of the company?

Yes, through what’s called a shareholder derivative action. When corporate leadership harms the company itself through self-dealing, fraud, or corporate waste, shareholders can bring a claim on the company’s behalf, subject to specific statutory procedures. We represent shareholders pursuing these claims and help make sure the procedural requirements are met so the case isn’t dismissed on a technicality.

What is an unfair competition claim, and when does it apply?

Unfair competition claims cover a range of unlawful business conduct, including fraud, false advertising, and business practices that violate California’s Business and Professions Code. These claims can arise between direct competitors or come from consumers or business partners harmed by deceptive conduct. If your business has been damaged by a competitor’s tactics, or accused of engaging in them, this is a matter that needs experienced counsel quickly.

My customer or client hasn’t paid — what are my options for collecting?

You have more leverage than most business owners realize, especially with a well-drafted contract behind you. We pursue unpaid accounts through demand letters, negotiation, and litigation when necessary, and California law allows interest on unpaid commercial debts within the limits of the state’s usury rules. If your contract includes an attorney’s fee clause, you may also be able to recover collection costs from the debtor.

Can a business lawyer actually help me avoid litigation altogether?

In many cases, yes. Most of the business disputes we see trace back to a poorly drafted contract, an unclear ownership structure, or a compliance issue that could have been caught early. A few hours of preventive legal work, reviewing a contract, cleaning up a partnership agreement, and confirming regulatory compliance, is almost always less expensive than resolving a dispute after it’s already happened.

Real Estate Law FAQs

Do I need a real estate attorney to buy or sell property in California?

Not every transaction requires one, but you should strongly consider it whenever the deal is complex, high-value, or involves anything unusual, undisclosed defects, title issues, or a difficult counterparty. California real estate carries real financial stakes and unforgiving deadlines. An attorney reviewing your purchase and sale agreement before you sign can catch problems a standard escrow process won’t.

What is a quiet title action, and when do I need one?

A quiet title action asks a California court to resolve competing claims to real property and confirm who actually owns it. It becomes necessary when a boundary dispute, disputed deed, unresolved lien, unrecorded easement, or inheritance conflict creates a “cloud” on the title, meaning the ownership record is uncertain enough that it can block a sale, refinance, or title insurance policy. Under California Code of Civil Procedure Section 760.010, a “claim” for these purposes is defined broadly, covering everything from a legal right or lien to an equitable interest in the property.

My neighbor’s fence or driveway crosses onto my property. What can I do?

Start by pulling your deed and, if needed, getting a professional survey; boundary disputes often come down to what the recorded documents actually say versus what’s been built on the ground. From there, remedies range from a boundary line agreement to an equitable easement, a quiet title action, or a request for removal. Courts weigh whether the encroachment was intentional and the hardship removal would cause before ordering a specific remedy, so the right approach depends heavily on the facts.

What is adverse possession, and can someone really take my property this way?

Adverse possession allows a person who has openly occupied land, without the owner’s permission, to eventually claim ownership if they meet strict statutory requirements under California law. This generally requires open and continuous possession for five years, along with actual payment of property taxes on the land during that period. The tax-payment requirement alone defeats most adverse possession claims, but if someone is asserting one against your property, you need to respond and document your ownership promptly.

What’s the difference between an easement and adverse possession?

An easement gives someone a limited right to use your land for a specific purpose, like a shared driveway or utility access, without transferring ownership. Adverse possession is a claim to actual ownership of the land itself. The distinction matters in a dispute: courts scrutinize a claimed easement that would effectively hand someone exclusive control over your property, and they apply an even higher bar to a claim seeking outright ownership through adverse possession.

Can I block a longstanding path or driveway that a neighbor has been using across my property?

It depends on how and why that use began. If the use was ever permitted or based on a recorded agreement, an easement may already exist, and blocking it could expose you to a legal claim. If the use was never authorized, permissive use alone generally does not create an easement, but you should confirm the history and any recorded documents before taking action, since acting first can sometimes escalate a dispute you’d otherwise win.

Who is responsible for maintaining a shared boundary fence in California?

Under California’s Good Neighbor Fence Act, adjoining property owners generally share equal responsibility for the costs of maintaining and repairing a boundary fence, and an owner planning to build or repair a shared fence must give the neighbor 30 days’ written notice before starting work. Disputes over cost-sharing or fence placement are common and usually resolvable, but they can escalate quickly if one owner proceeds without following the notice requirement.

What happens if I discover a title defect after I’ve already purchased property?

A title defect, an old lien, a forged or fraudulent deed, an error in the legal description, or a break in the chain of title, doesn’t go away on its own, and it can block you from selling, refinancing, or insuring the property later. A quiet title action allows a California court to declare a defective or fraudulent deed void and restore a clear ownership record. The sooner a defect is addressed, the less it typically costs to resolve.

I co-own property with a family member or business partner and we can’t agree on what to do with it. What are my options?

If negotiation isn’t working, a partition action allows a co-owner to ask a California court to divide the property or force its sale, with proceeds distributed according to each party’s ownership interest. This comes up often in inherited property, former business partnerships, and relationships that have simply run their course. We help clients evaluate whether a negotiated buyout or a court-ordered partition better serves their financial interest.

Can I get out of a real estate purchase agreement if the seller didn’t disclose a problem with the property?

Possibly. California law imposes real disclosure obligations on sellers, and a failure to disclose a known material defect can support claims for rescission, damages, or both. What matters is what the seller actually knew and when. If you’ve discovered an undisclosed issue after closing, or you’re a buyer trying to decide whether to walk away before closing, the deadline to act can be short, so don’t sit on it.

35. What should I look for in a commercial or residential purchase and sale agreement before I sign?

Pay close attention to the contingency deadlines, especially inspection and financing contingencies, the disclosures attached to the agreement, who bears the risk of loss before closing, and any provisions addressing what happens if the other side breaches. A purchase agreement is the document that determines who carries the risk if something goes wrong, so it deserves attorney review before you sign, not after a problem surfaces.

36. I’m a landlord dealing with a tenant dispute. Does Rokita Law handle these matters?

We represent landlords and property owners in a range of real estate disputes connected to their property, including issues tied to leases, property use, and ownership rights. Every situation is different, so the best step is a consultation where we can assess exactly what you’re dealing with and whether litigation or a negotiated resolution makes more sense.

37. How long does a real estate lawsuit typically take in California?

It depends entirely on the complexity of the dispute and whether it settles. A straightforward boundary or contract issue may resolve in a matter of months through negotiation. A quiet title action, partition action, or a case involving fraud or contested facts can take considerably longer, particularly if it proceeds through full discovery and trial. We give clients a realistic timeline based on the specific facts of their case, not a generic estimate.

38. I’ve been served with a real estate lawsuit. What should I do first?

Read the documents carefully to understand the deadline to respond, California litigation deadlines are strict, and missing one can result in a default judgment against you. Avoid contacting the opposing party directly in the meantime; anything you say can be used in the case. Gather your deed, survey, correspondence, and any other relevant documents, and get them in front of an attorney as quickly as possible so a timely response can be filed.

General Legal Questions Clients Often Ask

39. What does a business lawyer actually do?

A business lawyer advises on how to form and structure a company, drafts and negotiates the contracts that hold the business together, ensures compliance with state and local regulations, and represents the company or its owners when a dispute turns into litigation. The value isn’t just paperwork; it’s catching a risk before it becomes an expensive problem.

40. What is the difference between a business lawyer and a corporate lawyer?

The terms overlap, but there’s a general distinction. A business lawyer typically handles the full range of legal needs for small and mid-sized companies, including formation, contracts, compliance, and disputes. A corporate lawyer tends to focus on larger, more complex transactional matters like mergers, acquisitions, and capital raises. Many firms, including ours, handle both, since a company’s needs shift as it grows.

41. What is civil litigation, and how is it different from criminal law?

Civil litigation resolves disputes between private parties, individuals, businesses, or both, over things like broken contracts, property rights, or financial harm, and it typically results in monetary damages or a court order rather than criminal penalties. Criminal law involves the government prosecuting someone for violating a law, with penalties that can include fines or incarceration. Business and real estate disputes almost always fall under civil litigation.

42. What’s the difference between mediation, arbitration, and litigation?

Mediation is a voluntary, non-binding process where a neutral third party helps both sides negotiate a resolution. Arbitration is more formal and typically binding, with a private arbitrator deciding the outcome outside of court. Litigation is the full court process, filing a lawsuit, discovery, and potentially trial. Many contracts require arbitration or mediation before a party can sue, so it’s worth knowing which process your agreement calls for before a dispute starts.

43. How do I know if I actually need to hire an attorney, or if I can handle it myself?

Ask what’s actually at stake. Low-dollar, straightforward matters may not justify legal fees. But once real money, a long-term relationship, or your ownership of a business or property is on the line, the cost of a mistake typically outweighs the cost of a consultation. A short conversation with an attorney early on often prevents a much larger problem later.

44. What should I look for when choosing a business or real estate attorney?

Look for someone with direct, relevant experience in the specific type of matter you’re facing, not just a general practice. Ask who will actually handle your case day to day, how they communicate, and how they bill. A track record of results matters, but so does whether the attorney explains things clearly and treats your matter like it’s the only one that matters, because to you, it is.

45. What’s the difference between an LLC and a corporation?

An LLC offers pass-through taxation and flexible, informal management, which makes it popular with small and owner-operated businesses. A corporation has a more rigid governance structure, with a board, officers, and shareholders, and it’s generally preferred by companies planning to raise outside investment or issue multiple classes of stock. Both are subject to California’s annual minimum franchise tax.

46. What is trademark law, and why does it matter for a small business?

Trademark law protects the names, logos, and slogans that identify your business in the marketplace. Registering a trademark early, and enforcing it promptly against infringement, is often the difference between owning your brand and fighting someone else for the right to use it later. Waiting until a competitor has already built a following under a similar name makes the problem much harder to fix.

47. What is real estate litigation?

Real estate litigation covers lawsuits involving property rights, ownership, and transactions, including boundary and easement disputes, quiet title actions, partition actions between co-owners, failure-to-disclose claims, and disputes arising from purchase and sale agreements. It’s a distinct area from real estate transactions themselves, which focus on getting a deal closed rather than resolving a conflict over one.

48. How do I find a real estate attorney near me in Los Angeles or Orange County?

Look for a firm that specifically handles real estate litigation and transactions in California, since property law is heavily state-specific, and confirm they’re licensed by the State Bar of California. Local experience matters too; an attorney familiar with Los Angeles and Orange County courts, title companies, and recording offices can move a matter more efficiently than one working outside the region.

Still Have Questions?

Every legal problem looks different once you’re the one living through it. If you’re dealing with a business dispute, a contract that isn’t being honored, or a real estate matter that’s putting your property at risk, the right next step is a direct conversation with an attorney who will actually work your case.

Schedule a consultation with Rokita Law, P.C. today. We serve clients from our offices in Beverly Hills and Newport Beach, throughout Los Angeles County and Orange County.