The law firm of Lynch & Lynch LLP engages in complex litigation in Kern County and statewide throughout California, in areas involving water and natural resources, oil and gas, real property, business and commercial law, and trust litigation. Please see the overview below, or click the links above for more detailed information on a particular area. For advice or representation in any of the matters below, contact Lynch & Lynch LLP at their Bakersfield office.
Located in the southern end of California’s Central Valley, Kern County is home to abundant agriculture, as well as mineral mining and oil and gas extraction. Business and agriculture alike have to function in a climate of increasing competition for the area’s natural resources, along with the public interest in protecting the environment, an interest which is enforced by a host of local, state and federal laws. Lynch & Lynch has experience handling a variety of natural resources litigation, including a recent landmark decision involving the apportionment of multi-million dollar appropriative water rights.
According to the California Department of Conservation’s 2008 oil and gas report, the top five producing oil fields in California and the state’s deepest gas well are all located in Kern County. Lynch & Lynch has represented parties in the sale of oil and gas leases, as well as complex breach of contract matters involving Areas of Mutual Interest (AMI) claims, Joint Operating Agreements (JOA), and Overriding Royalty Interests (ORRI). The firm has also handled tort-based claims ranging from injunctions and temporary restraining orders to halt fraudulent transfers of working interests, to trials regarding unfair competition and trade secrets.
Even though most real property transactions are contract-based, the unique nature of each piece of land means that money damages are sometimes inadequate to compensate for a breach; in these instances specific performance may be an appropriate remedy in a breach of contract lawsuit. Lynch & Lynch has handled cases involving farmland, ranchland, residential and commercial property, in trials and appeals involving breach of contract and specific performance, inverse condemnation, investment and development partnerships, and several construction litigation cases, including construction defects, mechanic’s liens, and public works.
When disputes arise in the course of business, it is important that they be resolved effectively and efficiently without overburdening the owners, managers, and employees by diverting their time and attention away from the core functioning of the enterprise in order to deal with legal issues. Ultimately, it is vital to have a skilled, knowledgeable and experienced attorney to protect the client’s business and commercial interests regardless of the size or complexity of the claim. Lynch & Lynch has handled ordinary and complex business and commercial litigation cases, ranging from breach of contract and unfair competition to trade secrets, covenants not to compete, and Federal interpleader actions to resolve legal rights among multiple parties in an action.
Trust litigation often focuses on the validity of the trust as created by the settlor, or actions taken by the trustee which cause detriment to the beneficiary, such as self-dealing or other conflicts of interest which violate the trustee’s fiduciary duties of loyalty, impartiality, and prudent investment. However, even the beneficiary is held to certain standards of good faith conduct, the violation of which can be detrimental to other beneficiaries, the trust, and the trustee administering it. Lynch & Lynch has dealt with large estates and complex trust litigation involving the conduct of trustees and beneficiaries, including cases which established new law in the area of trust administration for the State of California.
Lynch & Lynch LLP has pursued and defended appeals in California’s appellate courts and before the California Supreme Court. Firm attorney Craig M. Lynch is cognizant of appealable issues during trial and works to preserve and protect his clients’ interests at trial and on appeal. In cases where Lynch & Lynch was not the attorney at trial, the firm can review the trial transcript for errors, prepare and file an appellate brief, and argue the appeal in court.
Attorneys from out of state may only appear in California courts pro hac vice, and only in association with local counsel acting as the attorney of record. Even other California attorneys may wish to associate with local counsel when they are trying a case in an area they are not familiar with. Craig M. Lynch has been trying cases in Kern County for nearly 30 years. He is familiar with the courts and the local rules and is respected among the lawyers and judges in the area. Mr. Lynch has served as co-counsel with various firms throughout the State of California, including Am Law 100 firms.