Miles J. Dolinger, Attorney at Law

Firm Overview

We provide the following services:

REAL ESTATE LAW

* Land use permits;
* Zoning compliance and red tag removal;
* CEQA and Coastal Act compliance and litigation;
* Writ of mandate litigation (against or on behalf of public agencies);
* Real estate transactions, disputes and litigation;
* Leasing and landlord/tenant issues (landlord side);
* CC&Rs and deed restrictions;
* Easements, subdivisions, lot line adjustments, driveway agreements, and related disputes

BUSINESS LAW

* Business entity formation (partnerships, corporations, and LLCs);
* Purchase and sale agreements;
* Service agreements;
* Construction issues;
* Breach of contract; and
* Related mediation, arbitration and litigation
Main Office
Main Office
314 Capitola Avenue
Capitola  CA  95010
Phone
  • (831) 477-9193
Websites
Real Estate
Providing legal services for real estate selling, purchasing, and leasing agreements, boundary and easement disputes, litigation and more in Santa Cruz, Monterey and Santa Clara County
Dealing with the business of real estate can be complex. Whether a client's interests are in developing, selling, purchasing, leasing or managing real estate, the world we live in requires property owners to deal with various, overlapping legal issues regarding their property.

An experienced and thorough real estate lawyer is often needed to navigate and advise clients on the various transactions, problems and disputes that can arise.

My real estate practice includes:

Owner liabilities
Co-ownership issues
Purchase conditions
Financing issues
Title issues
Landlord/tenant issues
Property damage issues
Drainage, trees, trespass, boundary and neighbor disputes
Regulatory/environmental issues
Taxes and insurance
CC&Rs and deed restrictions
HOAs and road maintenance associations
Easements, subdivisions, lot line adjustments, driveway agreements, and related disputes

I will help you come out ahead.

An essential role of the real estate attorney is to help the client complete the desired real estate transaction as efficiently as possible while protecting the client's interests. After the parties agree on the basic terms of a real estate deal, the role of the attorney is to flesh out current or future conditions and potential liabilities, help the client satisfy conditions, negotiate obstacles and solve problems as is necessary to complete the deal.

In dealing with disputes between co-owners of real estate, between buyers and sellers, or between owners and third parties, the role of the real estate attorney is to help the client resolve the dispute as efficiently as possible while protecting the client's goals and interests.
Commercial Real Estate
Providing legal services for land use development applications, regulations, decision making, litigation and more in Santa Cruz, Monterey and Santa Clara Counties
As an experienced land use and commercial real estate lawyer, I will help you evaluate project feasibility, timing and risks, and then guide you through the permit approval process towards a successful project. I handle matters in Santa Cruz, Monterey, San Benito and Santa Clara Counties, and the entire Bay Area.

My land use practice includes:

Zoning research and analysis;
Boundary line and title research and analysis;
Land use permit applications;
Zoning compliance counseling and red tag removal;
CEQA and Coastal Act compliance counseling and litigation;
Writ of mandate litigation (against or on behalf of public agencies)

Land use law involves the state and local rules regulating what a landowner can and cannot construct on his or her property, what uses are permissible, impermissible and conditionally permissible, and what environmental review is required. Land use law also involves various public processes governing these types of governmental decisions.

My office is located in Capitola, CA.
Business
Providing legal services for business formation and incorporating, transactions, agreements, disputes, litigation and more in Santa Cruz, Monterey and Santa Clara Counties
Don't leave your business to chance.

My business law practice includes:

Business entity formation (partnerships, corporations, and LLCs)
Purchase and sale agreements
Service agreements
Construction issues
Breach of contract
Related mediation, arbitration and litigation

There are three main elements of a business law practice in a small town:

(1) Entity Formation

It is imperative that a business with multiple owners be properly structured and formed so that the owners' and operators' respective rights, duties and obligations are clearly addressed at the outset in sufficient detail to anticipate and prevent future conflicts between the owners.

Proper formation and maintenance of corporate formalities is also important to maintain the corporate shield that protects shareholders from being personally liable for corporate liabilities (but which is not bullet-proof), to maintain good corporate standing with regulatory agencies, and to assure proper tax reporting.

(2) Liability Prevention

A primary job of the business lawyer is to prevent lawsuits, liabilities, claims and disputes with third parties. Good contracts prevent disputes down the road. Thus, in my business practice, I advise clients to get all important agreements in written contracts that are at least reviewed by, if not drafted and negotiated by, a lawyer, and to make a reasonable effort to negotiate for the best terms possible even the legal terms addressing contingencies, however unlikely they may be. This helps minimize a client's exposure to potential liabilities and helps ensure that all important issues are addressed at the beginning of a transaction.

As a litigator, I can anticipate when a poorly written contract, that is, one with ambiguous or adverse terms, creates a risk of a significant future conflict, and I have the experience to advise clients on the potential issues that may arise and the potential costs involved; even a relatively simple lawsuit can easily cost $20k-$50k. I encourage clients to consider this type of legal diligence as a standard cost of doing business.

Preventative business law also means helping clients comply with various contractual, regulatory and insurance requirements and conditions.

(3) Litigation/Dispute Resolution

Operating a business is rife with potential liabilities and disputes, be they with clients, vendors, competitors, landlords, government agencies, or employees. Some disputes require an immediate and/or relentless exhibition of strength, while others require a more restrained approach. However, the successful resolution of all disputes requires careful legal analysis of the parties' respective positions, and the client's regular evaluation and re-evaluation of the costs and benefits of proceeding, of the client's goals, and of the client's willingness to compromise. Cases rarely settle efficiently if one or more parties to the dispute are not making rational decisions regarding the litigation or are unconcerned about costs.

But everyone deserves their day in court, and sometimes that is the best, if not the only, pathway to a resolution.

Litigation is about preparing for trial, and I strive to do so in a cost-effective manner. This means being organized, thorough and diligent, choosing battles wisely, and trying not to get sucked into opposing counsel's gamesmanship.

I strive to resolve business conflicts as efficiently as possible, while being a strong advocate.

REPRESENTATIVE CLIENTS:

Real estate agents
Property managers
Developers
Real estate investors
Landlords
Hotels
Restaurants
Contractors and subcontractors
Growers
Non-profit corporations

REPRESENTATIVE MATTERS:

Formed C corporations and S corporations, limited liability companies (LLCs), and partnership agreements;
Drafted, reviewed and negotiated business purchase and sale agreements;
Drafted, reviewed and negotiated license agreements, assignment agreements, non-compete agreements, and subcontractor agreements;
Represented partners in business dissolution and accounting lawsuits.
Get help. Steer clear of trouble.

Now it's your turn. Let me help you protect your business with good legal planning, enforceable contracts, and strong advocacy.

Call me today.

What experience or education distinguishes your lawyers from others

Having practiced law in San Francisco, Alameda, Santa Cruz and Santa Clara Counties since 1994, my experience is quite diverse, as most of my legal career has involved a mix of consulting, transactional and litigation work.

What distinguishes your law firm from others?

After many years of practice in several different types of law office environments, I have the accrued the wisdom and experience necessary to confidently and efficiently advise clients about likely outcomes, potential risks, and various factors that cannot be controlled.

I provide sound, objective advice to my clients, along with strong client advocacy. I strive to regularly advise clients about the risks, costs and benefits of various courses of action, and to provide legal services that my clients feel are a good value.

I think my clients would describe me as easygoing, courteous, and a good listener. I try hard to understand my clients' motivations, goals and concerns, and to make sure they understand as much as possible about the substantive and procedural issues they are faced with. I help my clients make cost-benefit decisions, which is often an ongoing process and ultimately involves business decisions that only the client can make. You can expect me to always be on your team, be a strong advocate for any reasonable position you choose to take, to be diligent in all of the work I do for you, to timely call you back when you need to talk to me, and to be fair in my billing.

Miles Dolinger

Education
  • Golden Gate University School of Law
    Juris Doctor , 1993

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