Firm Overview

The attorneys at Gilmore Wood Vinnard & Magness maintain a sophisticated practice offering exceptional legal counsel without big firm attitude or big city rates. We take our role as a trusted advisor to, and advocate for, our clients very seriously. If the matter is important enough to the client to engage our services, then it deserves our complete focus, effort and attention to detail.

Practice Areas

  • Agribusiness

    • For over 70 years, the Firm has represented the interests of farmers and agribusiness interests throughout the San Joaquin Valley and Central Coast, including Cattle Ranches, Commission Merchants and Dealers, Cooperatives, Dairies, Equipment Dealers, Feedlots, Fertilizer Suppliers, Growers, Lenders, Packing Houses, and Processors. Our services include:
      • Equipment Sales and Leases
      • Farm Management (including entity formation and structure)
      • Finance (both lenders and borrowers)
      • Cooperatives
      • Loan Workouts
      • Marketing and Marketing Orders
      • Perishable Agricultural Commodities Act (PACA)
      • Reclamation Law (including planning and compliance)
      • Real Property
      • Succession Planning
      • Secured Transactions
      • Taxation
      • Williamson Act (compliance and contract termination)

  • Alternative Dispute Resolution/Mediation

    • Alternative Dispute Resolution (ADR) is a term that refers to mediation, binding arbitration and non-binding arbitration. These tools are designed to allow disputing parties to resolve their differences outside of Court. These tools are becoming more important as California’s budget crisis is making it more difficult to gain access to the court system to resolve civil disputes. The goals of ADR are to limit costs, avoid unwanted publicity and shorten the process of traditional litigation.
    • Several of the Firm’s litigators are experienced as mediators and arbitrators. In addition, they frequently represent clients in both mediation and arbitration proceedings.

  • Appeals & Writs

    • Whether the client wins or loses at the trial court level, the client should understand that the case may not be over. The judgment may be appealed and specific orders may be reviewed by writ. The Firm has attorneys who are experienced at both prosecuting and defending appeals and writs in both the California and federal court systems. Through this experience, the Firm provides clients with the information they need to make informed decisions concerning their case and its effect on their business and/or family.

  • Business Litigation

    • The Firm represents its clients in a broad spectrum of litigation issues. This experience allows the Firm to give its clients realistic expectations of the possible results of litigation and, where applicable, collectability. This allows the client to make practical decisions concerning issues that affect their business. Our litigation experience includes the following areas of law:
      • Entity Governance Disputes
      • Partnership/Corporate/Limited Liability Company liquidations
      • Secured Transactions – Collections
      • Breach of Contract
      • California Environmental Quality Act challenges
      • Crop damage
      • Crop insurance collection matters
      • Fraud
      • Unfair competition
      • Product liability
      • PACA Trust litigation
      • Distributor and franchise issues
      • Real Property Disputes

  • Condemnation/Eminent Domain

    • The Firm has experience in the area of eminent domain from the perspective of the condemning authority. Condemning authorities represented by the Firm include municipalities and public utilities. The Firm has specific experience in acquiring rights of way for road widening projects, electric transmission and distribution facilities and natural gas pipelines. The Firm also has expertise in the acquisition of the property rights necessary for underground natural gas storage facilities.
    • From the landowner perspective, the Firm has challenged prospective takes – both on the grounds that the projects are not necessary or are not sited properly and on the grounds that the condemning authority has failed to comply with the California Environmental Quality Act. The Firm has also prosecuted inverse condemnation claims against governmental agencies.

  • Construction Law, Land Use and Litigation

    • The Firm has attorneys who are experienced in all aspects of construction law, land use and litigation. The Firm represents numerous project owners, developers, contractors, subcontractors, design professionals and material suppliers. The in assisting them in a variety of issues that arise related to the construction process. The Firm’s expertise includes:
      • Subdivision Map Act
      • Environmental Assessments
      • Development Entitlements & Permit Issues
      • Development Agreements
      • Zoning
      • Annexation
      • Redevelopment
      • Drafting/negotiating Construction Contracts
      • Bidding
      • Bid Protests
      • Bonding
      • Prevailing Wage
      • Mechanics’/Materialman’s liens
      • Stop Notice
      • Payment and/or Performance Bond Claims

  • Corporate & General Business

    • The Firm’s transactional practice is broad based. The Firm’s clients range from small businesses to multi-national corporations – farmers to physicians, automobile dealers to equipment manufacturers, institutional lenders to individual borrowers. Irrespective of the client, the Firm brings the same level of care and commitment to address their legal needs in an efficient manner. We provide “cradle to grave” services for our business clients, including:
      • Entity Planning and Structuring (Cooperatives, Corporations, General Partnerships, Limited Partnerships, Limited Liability Companies and Sole Proprietorships)
      • Drafting Organization Documents (Articles of Incorporation, Articles of Organization, Bylaws, Operating Agreements, Partnership Agreements, etc.)
      • Drafting Buy-Sell Agreements
      • Capitalization and Financing
      • Mergers & Acquisitions
      • Reorganizations
      • Drafting and Negotiating Contracts
      • Succession Planning
      • Creditors Rights
      • Finance – Operating Lines of Credit and Permanent Financing Issues
      • Buying and Selling of Businesses
      • Business Dissolutions

  • Employment Law

    • Our employment law practice focuses primarily on assisting employers in a wide variety of employment law matters with a focus on helping employers prevent disputes and resolve problems in an efficient and practical manner. When litigation is necessary, the firm stands ready to provide an aggressive and proactive defense of employment law claims in all courts and most administrative agencies. The Firm’s attorneys stand ready to assist our clients in the following areas:
      • Consultation with and advising employers regarding the discipline/termination of employees
      • Sexual harassment
      • Development of and advice concerning employee handbooks and policies and procedures
      • Family Medical Leave Act and the California Family Rights Act
      • Americans with Disabilities Act
      • Violence in the Workplace
      • Hiring practices
      • Termination of employees
      • Discipline of employees
      • Complaints of discrimination
      • Hostile work environment claims
      • Defense of allegations of civil rights violations
      • Wage and hour matters
      • Prevailing wage
      • Wrongful termination claims
      • Defamation claims
      • Representation before Division of Labor Standards Enforcement
      • Severance agreements
      • Representation in Federal and State Courts

  • Workplace Investigations

    • The Firm has extensive experience performing workplace investigations for both public and private employers. Such experience includes a wide variety of issues such as sexual harassment, hostile work environment, discrimination, corporate mismanagement, and alleged violations of the Fair Political Practices Act.

  • Estate Planning

    • Our estate planning practice is closely associated with our representation of family businesses. We assist our clients in everything from preparing simple wills to business succession planning. We find that throughout the lifecycle of a business, opportunities exist to involve younger generations to provide a smooth transition in control and the associated wealth transfer. Where applicable and appropriate, we evaluate company expansions and changes not just from the perspective of the business, but of its owners and their long-term estate planning goals. Every client’s goals and needs differ – so the tools used are custom tailored to the client. The Firm has attorneys who are experienced in the areas of Estate, Gift and Generation-Skipping Transfer Tax, Income Tax, Property Tax, Sales and Use Tax. All of these issues are considered in the context of an estate plan to preserve family wealth while carrying out the client’s estate planning goals. Among the many tools that can be brought to bear are:
      • Wills
      • Revocable Trusts
      • Irrevocable Trusts
        • Special Needs Trusts
        • Irrevocable Life Insurance Trusts
        • Charitable Lead Trusts
        • Charitable Remainder Trusts
        • Dynasty Trusts
        • Qualified Personal Residence Trusts
        • Qualified Domestic Trusts
      • Advance Heath Care Directives
      • Durable Powers of Attorney
      • Life Insurance Planning
      • Charitable Giving
      • Retirement Plan Beneficiary Designations
      • Marital Property Agreements
        • Premarital Agreements
        • Post-Nuptial Agreements

  • Probate & Probate Litigation

    • California’s Probate Code governs not just the probate of a person’s Will, but also governs Guardianships, Conservatorships and Trusts. Guardianships and Conservatorships can involve the care and maintenance of individuals, but also the management of their property.
    • The Firm has attorneys who are experienced in both the establishment and administration of probates, trusts, guardianships and conservatorships – but also litigation associated therewith. Such litigation can involve questions of who will serve as the fiduciary to questions of whether the fiduciary has properly handled the decedent’s/ward’s money or property. The Firm’s attorneys approach these cases with care and sensitivity, understanding that questions concerning the care of a loved one or the inheritance of property may have their origins in family disputes – perhaps many decades old.
    • Our attorneys bring their experience to bear to assist our clients through the complex issues that arise upon the death or incapacity of a loved one. These issues commonly involve:
      • Defense/Contest of Wills, Codicils and Trusts
      • Placement and care of a loved ones
      • Finance issues
      • Questions concerning breach of fiduciary duty
      • Trust administration issues
      • Probate administration issues
      • Dealing with creditors
      • Business management issues
      • Tax reporting and compliance issues

  • Real Estate & Landlord/Tenant Law

    • The Firm represents purchasers and sellers of commercial, industrial, agricultural, and residential real estate in all aspects of property acquisition, development, financing, ownership, leasing and operation. They have extensive experience in the following areas:
    • Real Estate Acquisitions and Sales
      • Negotiate and draft Purchase Documents
      • Negotiate and draft Options to Purchase Real Property
      • Negotiate and draft Tenancy In Common Agreements
      • Structure real estate projects and equity ownership/participation
      • Assist with legal issues associated with acquisitions of contaminated property
    • 1031 Exchanges (including reverse exchanges)
    • Property Tax
    • Negotiate and draft Leases
      • Multifamily Residential
      • Industrial
      • Commercial
      • Ground Leases
      • Single Family Residential
      • Agricultural
    • Represent Landlords in lease enforcement and unlawful detainer (eviction) matters
    • Adverse Possession & Quiet Title Claims
    • Negotiating and drafting Easements
    • Negotiating and drafting Licenses

  • Tax Law

    • The Firm assists its clients in sophisticated tax planning and tax compliance. The Firm frequently works as part of a team of tax professionals engaged to assist its clients in audits and tax litigation. Because taxes can be a major consideration in business transactions, real property transactions and estate planning, there is overlap between these areas of practice. Among the areas in which the Firm practices are:
      • Employment Taxes
      • Estate Tax
      • Excise Tax
      • Gift Tax
      • Generation-Skipping Transfer Tax
      • Income Tax
      • Property Tax
      • Sales and Use Tax
    • In addition, the Firm represents its clients in audits and collection matters before the:
      • Internal Revenue Service
      • California Employment Development Department
      • Franchise Tax Board
      • State Board of Equalization
      • County Assessment Appeals Board (or Board of Supervisors)