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David J. O'Connell

David J. O'Connell

O'Connell & Associates
  • Business Law, Estate Planning, Real Estate Law
  • California
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Mr. O'Connell leads a small firm of professionals specializing in real estate issues, business, corporations, limited liability companies, estates, and trust administration. He has more than 30 years of experience in these areas and is fully equipped to advise clients regarding their options and risks in these troubling economic times.

Mr. O'Connell speaks frequently at continuing education seminars on topic including the emerging issues in limited liability companies and legal ethics.

Mr. O'Connell served in the U.S. Army Security Agency from 1968 to 1972, serving in Turkey and Germany.

Practice Areas
  • Business Law
  • Estate Planning
  • Real Estate Law
  • Free Consultation
    Free consultation, for the first half-hour, thereafter, client pays billable rate. Attorney requires clients sign consultation agreement before meeting with an attorney.
  • Credit Cards Accepted
    Credit card payment for fees accepted; client responsible for all banking charges incurred
  • Rates, Retainers and Additional Information
    Retainers financial arrangements subject to negotiation prior to retention. All clients are required to execute engagement agreement prior to any work performed.
Jurisdictions Admitted to Practice
9th Circuit
  • German: Spoken, Written
Professional Experience
Managing partner/owner
O'Connell & Associates
- Current
Managing partner/owner of law firm specializing in real property issues, corporations and limited liability companies, estates and trust administration
O'Connell & Zuffoletto, LLP
Partner in law firm specializing in real estate and employment law, litigation, estates, business, corporations, and limited liability companies
Sole practitioner
Law Office of David J. O'Connell
Sole practitioner, specializing in real estate, corporate and business law, estates, and general practice
Associate attorney
Law Office of N. Munro Merrick
Associate in general practice law firm
Associate attorney
Law Office of Charles J. Jamison
Associate in boutique law firm specializing in tax, real property, and business, including mergers and acquisitions
Thomas Jefferson School of Law
J.D. (1985) | Law
Honors: AmJur award for Ethics
University of Massachusetts - Amherst
B.A. (1976) | Political Science
Activities: Veterans Coalition for Community Affairs
Professional Associations
American Bar Association
Activities: Real Estate and Estates sections
Housing Opportunities Collaborative
Volunteer Attorney
- Current
Activities: The economic jolts of the last two years have hit working class homeowners hardest. Lured into purchases of homes they could ill afford, with unconscionable marketing practices of aggressive mortgage lenders, many of those homeowners cannot afford the monthly payments and face foreclosure now that those loans have adjusted. Worse, an unlicensed cottage industry of "foreclosure consultants" has emerged, offering the promise of help, while simply selling more loans, deeper debt, and more misery. With local volunteers, HOC offers help to those who have been victimized.
San Diego County Bar Association
Volunteer Attorney
- Current
Activities: San Diego County Bar Association pro bono program, offering free legal services to those in need
National Business Institute
Speaker, author
- Current
Activities: Featured speaker at NBI's seminars on the emerging field of California limited liability companies, and legal ethics in foreclosure
San Diego County Bar Association
- Current
Consumer Attorneys of Califonia
- Current
California State Bar # 134976
- Current
Articles & Publications
Real Property Foreclosure: A Step-by-Step Approach
National Business Institute, Inc.
Limited Liability Companies: from Formation to Special Uses
National Business Institute, Inc.
Advanced Limited Liability Company Issues
National Business Institute, Inc.
Limited Liability Companies, Trends and Developments
National Business Institute, Inc.
Websites & Blogs
O'Connell & Associates
Legal Answers
3 Questions Answered

Q. Can a court appointed referee charge me 10,000 per month evermonth the house is on market?
A: The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the referee for his/her services, but leaves out the allowance for costs or commissions, the referee may be within his/her rights to bill the amount you recite. If you are represented by counsel, and you should be, then have the order compared with the billing to determine if the referee is off base. If you are not represented by counsel, consult with an attorney in the LA area to review the order, the partition, and whether the fees charged are within the court's ruling.
Q. Can my landlord tow my car?
A: Just to be clear, this is about two things. First, California requires anyone that resides in the state for 30 days or more to register their vehicle with the DMV. This is routinely ignored, but you should do it anyway. Second, your landlord probably has a term in the rental agreement or lease that you reside in her property that you "shall obey all laws," or something like that. And, if you have assigned space for which you must identify the car that is to use the space, you are not obeying the law. In my view this landlord is being a bit overzealous if she thinks it is her job to require you to wash your car and have it registered. Last, call the landlord up, and work it out with him/her. If you are going to be there a while, develop a relationship with her. Running off to seek legal advice at every conflict between you and her is not going to make your life more pleasant.
Q. I live in California and i’m month to month on my lease
A: I agree with Mr. Grossman. Your landlord is entitled to give you notice of increase of rent, for whatever reason, if that notice is in writing. And, unless a pet provision is included in the rental agreement, the landlord may assess additional rents to anticipate the damage a pet might cause. You may not ignore the notice simply because you find the drafting language ungrammatical. Your remedy, if you are certain this notice came from your landlord, is to pay the increased rent or move. Good luck to you.
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Contact & Map
104 West Grand Avenue
Ste. A
Escondido, CA 92025
Telephone: (760) 310-2463
Cell: (760) 310-2463
Fax: (866) 630-9947