Commercial Real Estate Litigation

• We advocate for clients in claims and defenses of breach of contract, failure to disclose, and breach of commercial leases.
• We advocate for developers, contractors, consultants, architects and engineers in construction and development disputes.
• We advocate for owners to resolve boundary and encroachment disputes.
• We advocate for owners to recover full and fair value in eminent domain cases.
• We advocate for clients in claims and defenses concerning fraud, title and ownership, financing and foreclosure, brokerage, land use, development and other matters.
• We seek to resolve matters through negotiation, mediation, arbitration and court trial.

Representative Matters

• Obtained unanimous jury verdict of $19.8 million after five week trial with 38 witnesses over claims of eminent domain, development of a medical office building. Defeated allegations of governmental conflicts of interest. Court awarded client recovery of $2 million in attorneys’ fees. Appeal pending.

• Obtained jury verdict of $1.5 million including punitive damages, and defeated counterclaim of $300,000, after four week trial over claims of breach of public works construction subcontract and related claims. (Jury’s verdict reduced by court following trial.)

• Prevailed in quiet title action by motion in federal court including on appeal to the 9th Circuit Court of Appeal.

• Defeated motion for temporary restraining order to stop foreclosure, and favorably settled claims of wrongful foreclosure.

• Settled eminent domain claim of CALTRANS on eve of trial for $600,000.

• Settled partnership claims over 12 condominiums and claims of breaches of fiduciary duty against managing partner.

• Settled arbitration claims of owner for construction defects of custom home against contractor.

• Settled boundary and encroachment disputes.

• Negotiated termination of lease for industrial space for manufacturer of retail products.

• Negotiated cancellation of real estate sales contract based on buyer’s default.

• Defeated in negotiations claim of access easement across client’s property.

 

Representative Matters:

• 40235 Washington Street v. Lusardi

  329 F.3d 1076 (2003), prevailed in federal quiet title action by pre-trial motion, upheld on appeal to the Ninth Circuit Court of Appeal.

• Zenvest, LLC v. BNC Francis Villas, L.P.

  Favorably resolved investor's claims for breach of contract, fraud and breach of fiduciary duty.

• State of California v. Clark

  Favorably resolved eminent domain case on behalf of property owner.

• Richardson v. Robison

  Defended private money lender and favorably resolved claims of predatory lending under federal and state law.

• Maui Court (U.S.) Limited Partnership v. Lancashire Wave Corporation

  Favorably resolved investors' claims for breach of promissory note and breach of fiduciary duty.

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