Trial, Appellate and Administrative Agency Litigation

Ms. Neiswender has represented numerous clients in litigation for nearly 30 years, and has an excellent record at both the trial and appellate levels.

In business disputes, Ms. Neiswender has specialized in representing small business, and has successfuly litigated partnership disputes, contract disputes, collection actions, and more.  She has formed hundreds of corporations and limited liability companies, and has coordinated tax concerns with CPAs and bookkeeping support staff.    In one partnership dispute in 2005, her client received almost $3 million in a partnership dissolution.  In 2010, a fight over a title company’s failure to locate an easement, the trial court found in favor of Ms. Neiswender’s client in the amount of $630,000.

For her corporate clients, Ms. Neiswender has provided advice on the proper procedure for maintaining corporate records and responding to demands from shareholders and investors. Often, this work is done in conjunction with existing or threatened litigation.  For one corporate client, Ms. Neiswender balanced multiple lawsuits for the company while it searched for new investors and increased its capitalization in the face of shareholder concerns.

Ms. Neiswender has often helped clients challenge government action or inaction through writs of mandate in land use, zoning, and regulatory matters.   Frequently coming into the case after a decision has already been made, Ms. Neiswender is expert in sifting through an administrative record to find the most important documents and issues under severe time pressures.  She prefers being brought into a governmental challenge case early, so as to better develop the record and create the best potential for success.  Some of the more interesting litigation against government entities:

* Writs under the California Environmental Quality Act against the City and County of Los Angeles, Kern County, the City and County of Santa Barbara, Riverside County, San Luis Obispo County, the City and County of Ventura, and the cities of Ojai, Thousand Oaks, and Moorpark;

* Writs under the California and federal Endangered Species Acts in Riverside, Los Angeles and San Luis Obipso Counties;

*Writs to challenge the legality of public spending in Ventura and San Luis Obispo Counties;

* Writs challenging water law and policy in Los Angeles and Kern Counties.

Ms. Neiswender has helped support environmental documentation – whether an EIR or a Negative Declaration – for numerous clients, from the Initial Study through approval of the project.  Her challenges to such documents have also been very successful, giving her a unique perspective and depth of understanding that is unusual in the Land Use field.

For individuals, Ms. Neiswender has litigated a variety of matters, some routine and some quite unusual.  She has brought through trial, and sometimes through appeal, number of easement disputes, resolving what rights are held by adjoining properties.  She has helped resolved contract disputes, property issues, intra-family disputes, sometimes through litigation and sometimes through strategic planning and mediation.

Whether a matter should be taken to trial or whether the case should settle to avoid risk is an extremely important decision.  Ms. Neiswender carefully cultivates a relationship of trust and openness with her clients.  Any litigation decision is made with the full input and understanding of the client.