Real Estate Litigation
- Represented Residential Tenant in Suit against Landlord. Brought action for Misrepresentation, Breach of Contract, Breach of Implied Warranty of Habitability, Tortious Failure to Provide Habitable Premises, and Damages for Violation of Statutory Warranty arising from misrepresentation concerning and concealment of known conditions. The case was resolved favorably for our client, with a payment to our client in excess of $185,000.
- Specific Performance and Accounting. Represented plaintiff client in recovering one-half (50%) interest in multiple investment properties, exceeding $1 million in value, that client located for purchase and thereafter managed improvements while defendant put up seed money. Defendant denied joint venture. Resolved by stipulation to judgment, pursuant to which client was entitled to 50% of profits derived from the properties since inception, an accounting of all cash receipts and disbursements, and equal division of the properties based on their appraised value. The properties were ultimately listed for sale, sold and the proceeds divided.
- Representation of Landlord in ADA Suit. Achieved favorable resolution on behalf of commercial landlord in suit alleging violation of accessibility laws, Unruh Civil Rights Act, and applicable California state laws and regulations.
- View Rights. Represented homeowner to prevent neighbors’ construction of second story addition in violation of clients’ view and airspace rights. The case was resolved favorably for our client without the need to go through a trial.
- Specific Performance – Joint Venture Agreement. Brought action for Specific Performance, Declaratory Relief, Accounting, Imposition of Equitable Mortgage, Breach of Written Contract, and Constructive Trust on behalf of client that invested in real property development joint venture. Secured favorable settlement and thereafter obtained a judgment and decree enforcing settlement, and attorney’s fees.
- Specific Performance – Purchase and Sale Agreement. Brought action on behalf of Buyer for Specific Performance of a real estate purchase and sale agreement involving two separate apartment complexes against seller. Seller canceled escrow, contending that Buyer failed to deposit money in escrow in time to close. Secured Judgment of Specific Performance, with the Court of Appeal holding that substantial evidence supported a finding that the seller’s failure to timely comply with escrow obligations prevented loans from funding by closing date and thus excused the purchaser’s performance under the agreement. Result was enforcement of a purchase agreement that reflected value appreciation to client buyer in excess of $8,000,000.
- Represented Lender in Suit against Borrower. Brought an action in the United States District Court against a borrower and its guarantor for breaching various contractual agreements (Loan and Security Agreement, Intellectual Property Security Agreement, Guaranty Agreement, Indemnification Agreement), and to collect on a loan in default, foreclose on the lender’s security interests, and enforce Guarantee and Indemnification agreements. The suit also sought to hold a related entity liable as an “alter ego” of the borrower or as a fraudulent transferee. The borrower and guarantor and the related entity filed counter-claims against our client, seeking substantial damages, collectively in excess of $20 Million. We obtained separate orders granting applications for pre-judgment writs of attachment against both the borrower, guarantor and the related “alter ego” entity in the amount of $2,417,500, and our client took possession of and had sold-off inventory representing its security. These results facilitated reaching a favorable resolution and recovery for our client without the need to go through a trial, and with no monies paid out to the borrower, the guarantor or the related entity.
- Actions Involving Breach of Maintenance and Service Agreements. Represented prominent elevator manufacturer in numerous actions for breach of contract arising from premature termination of maintenance agreements.
- Actions involving Disputes Against Real Estate Brokerage. Represented prominent real estate brokerage in numerous actions alleging misrepresentation of income stream.
- Represented Client in Attorney Fee Dispute. Represented client in action brought by its former counsel for recovery of fees. A substantial discount was negotiated, and the case was resolved favorably for our client.
- Represented Purchaser of Solid Waste and Recyclable Material Collection Operation. Action involved defense of a multi-million dollar action, seeking in excess of $3.5 Million for breach of contract, and the prosecution of a cross-complaint for Breach of Written Contract, Conversion, and Breach of Fiduciary Duty. The case was resolved favorably for our client.
- Representation of Commercial Property Owner on Environmental Claim. Brought action on behalf of commercial property owner against neighboring property owner for Nuisance, Trespass, Contribution, Equitable Indemnity, and Declaratory Relief arising from contamination of soil and groundwater.
Partnership Disputes and Shareholder Rights
- Represented Minority Members of Limited Liability Company in Suit Against the LLC and its Managing Member. Brought action against LLC for Breach of Written Contract (Operating Agreement) and Breach of Contract (Promissory Note), and against the LLC and its Managing Member for Breach of Fiduciary Duty, Unfair Business Practices, and Permanent Injunction. Among the LLC’s defenses were that the Plaintiffs were no longer members of the LLC, having failed to perform “sweat equity,” and owed substantial monies to the LLC. We secured a substantial monetary judgment against both the LLC and its Managing Member in excess of $424,000 (after offsetting substantial amounts owed to the LLC) plus a permanent injunction enjoining and restraining the LLC and its Managing Member from engaging in acts in violation of our clients’ rights under the LLC’s Operating Agreement. We also secured the recovery of substantial attorney’s fees exceeding $420,000.
- Represented Minority Member of Joint Venture for an Accounting. Recovered amounts representing excessive management fees taken by the Managing Member, exceeding $100,000, and secured a favorable amendment to joint venture agreement regarding management fees on a go forward basis.
- Representation of Minority Member of Limited Liability Company in Suit against the LLC and its Managing Member. Brought action for Involuntary Dissolution, Accounting, and Breach of Fiduciary Duty.
- Construction Defect. Represented HOA for condominium complex consisting of 156 townhouse style, multi-level condominium units in action against general contractor and subcontractors for construction defect claims and damages exceeding $6 million.
- Construction Defect and Real Estate Brokerage Defense. Represented commercial real estate brokerage charged with misrepresentation regarding condition of property, an 80-unit apartment complex, and responsibility for damages arising from construction defect claims.
- Construction Delay. Represented elevator manufacturer in action brought by owner of high-rise office building alleging damages resulting from for delay in construction and completion of building.
- Mechanic Liens. Numerous representations of contractors and subcontractors in enforcement of mechanic lien claims.
- Office Leases – Full Floor. Represented tenant in negotiation of full-floor office lease transactions.
- Office Leases – Partial Floor and Smaller. Represented multiple tenants in negotiation of partial floor and smaller office leases.
- Retail Leases. Represented prominent national retail chain in negotiation of retail leases.
- Restaurant Leases. Represented prominent gourmet restaurant in negotiation of new lease. Represented landlords in negotiations regarding new leases and renewals.
- Membership Interest Purchase Agreement – Acquisition. Representation of Member of Limited Liability Company in the Purchase of Co-Member’s Interest in LLC which owned improved commercial real property.
- Membership Interest Purchase Agreement – Sale of Interest in Apartment Building. Representation of Member of Limited Liability Company in the Sale of its Membership Interest in LLC which owned apartment complex.
- Membership Interest Purchase Agreement – Sale of interest in commercial and retail property. Representation of Member of Limited Liability Company in the sale of its membership interest where the LLC owned a property portfolio consisting of commercial and retail spaces.
- Terms of Joint Venture Renegotiated. Representation of Minority Member of Real Estate Joint Venture arising from management and accounting dispute. Achieved resolution by securing substantial cash payment (in excess of $100,000) and renegotiating management fees going forward.
- Operating Agreements – Limited Liability Company. Numerous representations involving the formation of Limited Liability Companies and the preparation of Operating Agreements.
- Partnership Agreements. Numerous representations involving the formation of partnerships (General, Limited, and others) and the preparation of Partnership Agreements.
- Sale of Commercial Real Property. Representation of Seller of commercial property and preparation of purchase and sale documentation.
- Asset Purchase Agreement – Sale of Business. Representation of Seller of business and preparation of purchase and sale documentation.
- Asset Purchase Agreement – Acquisition of Business. Representation of Buyer of business and preparation of purchase and sale documentation.
- Easement Agreement. Negotiation of Grant of Easement and Easement Agreement between residential neighbors to avoid necessity of lot split.
- Property Taxes. Represented clients in negotiating and contesting amounts claimed owed by Tax Assessor and Tax Collector’s Offices due to property sales and transfers, including trust transfers and parent – child transfers.