Real Estate Litigation

Transcription

1 Real Estate Litigation EXPERIENCE Represented a residential property owner in dispute with a neighbor over whether a granny flat interfered with a road access easement. Summary judgment granted in favor of client and affirmed by court of appeal. Represented a developer of residential project in claim against seller of property for breach of purchase and sale agreement for failing to properly remediate the property as required by the agreement. Obtained summary judgment in favor of a landlord in claim brought by a broker for purportedly unpaid broker's commissions for lease renewal by tenant. Defended a developer of multi-family development located in Southern California in connection with a breach of construction contract action, which converted into a cross-claim for construction defects against the general contractor. Additionally, defended multiple subcontractor claims. Represented the owner of shopping center located in Las Vegas, Nevada in connection with a tenant's untimely exercise of an option to continue leasehold. Defended action in California and assisted with commencement of unlawful detainer action. Able to resolve matter with favorable renegotiation of rental terms. Represented a publically held developer in connection with a residential neighborhood development project in the San Fernando Valley. The prior owner of the vacant land sought to rescind the purchase agreement between the developer and the subsequent owner on the grounds that a provision in their purchase agreement was not upheld. Brought in the title insurance company to cover the lawsuit and settle, over the title insurance company's objection. Obtained a favorable settlement whereby the title insurance company paid the settlement amount and a majority of the attorney's fees. Represented a timeshare developer in connection with a Four Seasons Residence Club associated with the hotel. The purchasers sought to rescind their purchase and sale agreement asserting claims for fraud, negligent misrepresentation and declaratory relief on the grounds that they did not receive an accurate Truth In Lending Statement upon closing. Obtained a dismissal of the action, without payment by our client.

2 Page 2/9 Obtained an order expunging a lis pendens in connection with an action brought by the owner of property upon which the client lender foreclosed. Plaintiff contended that the two trustee's sales conducted by client lender were improperly held and sought the recovery of the property. Represented the owner of a commercial building located in Northern California following an arbitrator award of below-market rent in favor of the tenant. Questioned the enforceability of the arbitration decision, and was able to obtain a renegotiation with tenant for more favorable rental value. Represented a property owner in connection with a boundary dispute involving an approximate 100 acre ranch in Central California. Brought action to quiet title and trespass. The action involved issues relating to the Subdivision Map Act and understanding of maps and surveys. Filed lis pendens in connection with action. Reached a successful resolution of the matter. Represented a property owner involving a boundary dispute with neighbor, who sought to enjoin the sale of the property by contending a fence encroached on its boundary line. Successfully obtained insurance coverage for the settlement (and payment of the majority of attorney's fees) of an action brought against a publicly held developer in connection with the attempted rescission of a purchase and sale agreement. Assisted in obtaining favorable settlement on behalf of iconic golf course when owners of neighboring property trespassed on the golf course and cut down trees without permission. Obtained a substantial price reduction for a client on the purchase of a luxury residence after seller and seller's broker failed to fully disclose potential soil and stability issues. Represented clients in a lawsuit to partition a family-owned ranch and decide responsibility for maintenance of a private road. Other claims involved business torts and nuisance. Favorable settlement for clients. Represented borrowers in case brought by junior lender alleging fraud/misrepresentation involving property foreclosed on by senior lender. Defended a developer in claim brought by buyers of property for fraudulent misrepresentations in connection with the sale for failure to complete construction of an amenity center by its projected opening date. Defended a developer in claim brought by buyers of property for fraudulent misrepresentations in connection with the sale over the failure to inform them about the proposed construction of a retaining wall. Defended a developer in a case brought by buyers of property who refused to consummate the sale and sought recover the deposit which was retained as liquidated damages under the express terms of the agreement.

3 Page 3/9 Represented a major retailer in a dispute over restrictive language in leases in various shopping centers across the country. Defended various related class actions in Florida brought over the non-disclosure of the impact on adjacent subdivisions of unexploded bombs found on a formerly used defense site. Represented the developer and owner of a hotel resort in a dispute over rights to the Sandpiper Golf Course in Santa Barbara. Represented a hotel owner in a dispute over rights of access across a golf course to develop shore break oil wells. Represented a developer in $40M dispute against owner relating to owner's termination of developer under development agreement. Represented mezzanine lenders in suit brought against borrowers/guarantors in foreclosure action. Represented a national resort against large international bank in foreclosure action. Represented a developer in a hostile takeover of 38 private and public REITs located in 8 different states. Defended a series of nine cases brought by the Bureau of Land Management and the Bureau of Indian Affairs over the ownership of property and water rights of land along the Colorado River. Defended and prosecuted numerous matters involving tradition real property issues ranging from eminent domain to partition actions. Prosecuted three separate water rights adjudications in Southern California to completion and final order of adjudication regarding overlying and appropriative rights to subterranean water basins. Represented time-share developer in litigation in which the purchasers sought to rescind their purchase and sale agreements asserting claims for fraud, negligent misrepresentation and declaratory relief on the grounds that they did not receive an accurate Truth In Lending Statement upon closing. Successfully obtained a dismissal of the action. Handled several additional fraud allegations on behalf of the same time-share developer that were resolved through settlement or dismissal. Obtained specific performance in favor of large hospital which had exercised its right to purchase an adjacent parcel of property. Lis pendens was recorded at commencement of action.

4 Page 4/9 Represented the developer of a fractional share project in connection with the purchase and sale of neighboring property necessary to expand the project. One of the owners of the seller, a homeowners association, asserted it had not agreed to and sought to rescind the sale, after construction had already begun on the purchased property. Defended an action by purchaser based on faulty lot line and cross complaint by adjoining landowner over correct boundary. Obtained an order expunging lis pendens in connection with an action brought by the owner of property upon which the client lender foreclosed. Represented the landowner in disputed with adjoining neighbor over boundary line. Case involved the famous Pickfair Estate. Settled in favor of client. Represented the landowner in disputed with adjoining neighbor over boundary line. Resolved successfully by way of settlement. Represented the owner of an alleyway against owner of two parcels straddling the alleyway claiming that it could hold up development of a major hotel in Hawaii. Represented the owner of large estate in Pacific Palisades over boundary and hillside maintenance. Represented the property owner in a boundary line and easement dispute with neighboring property owner relating to disputed parking area. Action for partition of interests in three Luxemburg corporations owning varying interests of an Italian resort town in Tuscany. Advised a large developer on litigation strategies on purchase of brownfield site. Advised a seller of large medical office building on the sale of the building to a retirement fund. Assisted a client in obtaining property following negotiations over the purchase of a hospital site in light of a right of first refusal. Defended an action by a purchaser based on faulty lot line and cross complaint by adjoining landowner over correct boundary. Obtained specific performance for acquisition of property for construction of 125 unit condominium project. Lis pendens was recorded at commencement of action. Obtained specific performance for acquisition of property for construction of 234 unit condominium project. Lis pendens was recorded at commencement of action. Obtained specific performance for sale of medical office building. Lis pendens was recorded at commencement of action.

5 Page 5/9 Obtained specific performance of sale of campus of medical buildings. Lis pendens was recorded at commencement of action. Represented a condominium-hotel developer is rescission action brought by disgruntled purchaser. Represented a defendant in broker's commission dispute over the sale of 244 lots in the Las Vegas area. Represented the developer of a fractional share project in Mammoth Lakes, California in connection with the purchase and sale of neighboring property necessary to expand the project. One of the owners of the seller, a Homeowners Association, contended not to have agreed to and sought to rescind the sale, after construction had already begun on the purchased property. Obtained expungement of lis pendens. Obtained a favorable settlement for the developer. Represented a developer of mixed-use project given an option to purchase an adjacent parcel of property in a specific performance action against the seller. Lis pendens was recorded at commencement of action. Represented an individual purchaser of 480 acre ski development in action to rescind purchase agreement and successfully obtained 7 figures in earnest money deposited. Represented an interval ownership developer in dispute with purchaser over definition of what the fractional interest meant. Represented a large developer in the sale of property with existing easement issues. Represented the owner of Los Angeles office building in an interference with contract claim by adjoining owner over easement dispute. Represented a purchaser as tax deed sale of multiple units against owners of other units regarding partition of interests. Represented a hotel operator of two hotels located in connection with claims that their patrons were trespassing on the neighboring business's easement. Case resolved without payment made by client. Obtained a writ of attachment against the defaulted tenant and guarantor in connection with a breach of lease and guarantee action. Obtained a judgment in favor of a hotel-condominium developer following a demurrer to a condominium purchaser's lawsuit seeking to invalidate the purchase and sale agreement on grounds that the developer/owner engaged in fraud, breach of contract, and violated unfair competition statutes.

6 Page 6/9 Substituted into a specific performance action on behalf of a purchaser land developer three weeks prior to trial, after the developer's existing counsel had opined that the case could not be won. Prevailed in obtaining a judgment for specific performance at the ensuing bench trial, and thereafter had that judgment affirmed on appeal by unanimous decision. Represented a landowner and real estate developer in easement dispute involving access road to neighboring property. Lawsuit also involved fraud claims. Obtained defense verdict on easement claim following bench trial in San Fernando. Obtained beneficial settlement on behalf of developer on remaining claims whereby developer purchased neighboring property from plaintiffs as part of the settlement. Negotiated favorable settlement for purchaser of a retail shopping center. Obtained an arbitration award in favor of a large homebuilder client, where the owner refused to sell the property claiming that the purchase and sale contract was illusory because it contained so many conditions to our client's obligation to purchase. Obtained entry of summary judgment in favor of a property owner which was sued by a wouldbe buyer for specific performance and damages. Obtained favorable ruling for client in a specific performance action at trial. Represented buyer of distressed hotel property in contract and deed reformation dispute against lender seller, involving failure to transfer adjacent parking parcel as represented. Lis pendens was recorded at commencement of action. Represented landowner and real estate developer in an easement dispute involving access road to neighboring property. Lawsuit also involved fraud claims. Obtained defense verdict on easement claim following bench trial in San Fernando. Obtained beneficial settlement on behalf of developer on remaining claims whereby developer purchased neighboring property from plaintiffs as part of the settlement. Represented through arbitration a country club operator in arbitration of ground lease dispute involving percentage rents between country club and Native American landowners, applying federal and state laws governing tribal land. Represented a developer in an arbitration involving a dispute over the cost of a street realignment imposed by government agency seeking to preserve an oak tree. Represented a developer in a state court action and a subsequent arbitration arising out of a dispute over whether the buyer or seller in a failed purchase and sale transaction was entitled to retain the buyer's deposit money. Represented a purchaser of a shopping center in a breach of contract and fraud action against the seller.

7 Page 7/9 Handled numerous landslide cases, including those involving commercial facilities, residential projects and high-end single family homes throughout the state. Obtained favorable judgment in arbitration on the value of commercial property. The Arbitrator valued the land at its highest and best use despite the existence of $60 million of existing improvement on the land for a different, lesser use. Settled dispute on behalf of a defendant in claim by neighboring property owners asserting claims for quiet title, prescriptive easement, abatement of nuisance, trespass, and ejectment, based on the purported encroachment of a fence onto her property. Represented the purchaser of a shopping center in efforts to rescind purchase and sale agreement based on allegations of fraud when the seller failed to disclose communications with tenants involving rent reductions. Represented the owner of commercial warehouse located in Orange County, California in which the tenant brought a claim for $32 million against the owner for damage to business and property arising out of leaks in the roof. Brought cross-claims for indemnity. Obtained a settlement for a nuisance value for the client. Obtained a favorable settlement for the owner of low income housing against one of the largest national property management firms, for negligent failure to maintain the property, leading to flooding, mold, and substantial costs of repair. Represented a country club client in easement dispute with homeowner member owner over maintenance cart path running in front of owner's property and removing golf course foliage. Represented a homeowner in negligence, nuisance, and trespass claim against upslope property owner that caused a substantial landslide condition. Represented a national golf course REIT in dispute over oil company's right to operate onshore and off-shore oil pumping stations and related easement and access issues. Assisted the buyer of hotel property in dispute with seller over sales terms arising out of letters of intent exchanged between the parties. Defended a golf course REIT client in litigation brought by buyer of Palm Springs area golf course over alleged failure to disclose infestation of microscopic turf pests. Obtained defense and indemnity for golf course REIT under "off the page" insurance forms, involving REIT's alleged failure to disclose pest infestation prior to sale of the course. Defended a seller of UPS business in suit brought by purchaser for breach of contract, fraud and negligence based on purported misrepresentations associated with mailbox prorations. Represented the seller of a multi-million dollar home in the homebuyer's action for the seller's alleged failure to make full disclosures regarding the condition of the property. Successfully demurred to the buyer's complaint prior to engaging in any formal discovery.

8 Page 8/9 Represented a commercial property owner with respect to easement dispute with adjacent developer. Obtained favorable settlement. Represented a bank post-foreclosure regarding office building landslide. Represented a buyer against a seller in action to quiet title relating to custom home in Hollywood Hills. Represented a homeowner in action against neighbor/developer relating to removal of lateral and subjacent support/landslide. Represented an owner in defending actions against neighbors regarding removal of lateral in subjacent support/landslide. Represented an owner versus neighbor in boundary/easement dispute (prescriptive easement/adverse possession). Defended a developer in claim brought by condominium purchaser for purported misrepresentations relating to floor coverings at the time of the sale. Represented a developer/seller against buyer regarding buyer's interference with project sales, temporary protective order, and preliminary injunction obtained. Represented a developer/seller in negotiations for sale of condominium conversion. Represented the owner/seller of a hotel site in an action for specific performance by buyer (Nevada). Represented a purchaser of high-end custom home against seller of home for breach of covenants to construct improvements post-closing, retaining walls/drainage, and related issues. Represented the seller in a lawsuit brought by homebuyer to recover her deposit after homebuyer was unable to obtain the financing required to complete the sale. Homeowner alleged RICO and RESPA claims in addition to fraud and breach of fiduciary duty claims. Jury verdict for $2 million in favor of a developer and against the City of Los Angeles for claims involving refund of a traffic mitigation fee. Represented Malibu homeowner in dispute with neighbor asserting a claim to a prescriptive easement. Negotiated a settlement between two contentious neighboring property owners involving allegations of trespass, negligence, and nuisance. Defended a claim by a real estate broker for a multi-million dollar commission on the sale of undeveloped real property. The matter was resolved at mediation.

9 Page 9/9 Represented a developer of shopping centers in the Los Angeles area against a claim that a letter of intent and later negotiations resulted in a binding agreement which was wrongfully terminated by the developer. The matter was successfully resolved at mediation. Represented the developer of a master planned community in San Diego County. An adjoining landowner made a claim that a viable option existed for a significant portion of the community. The court awarded judgment in favor of the developer and an award of attorney's fees. Represented the developer of a residential community in connection with the purchase and sale of four lots by buyer. Although buyer failed to close pursuant to the terms of the purchase and sale agreement, buyer contended that it was entitled to its security deposit. Obtained favorable settlement in favor of client. Obtained settlement for developer in lawsuit for rescission brought by a purchaser of a unit in a high-end condominium complex asserting that the developer had not complied with the Interstate Land Sales Full Disclosure Act (ILSA) or the Subdivided Lands Act because it had failed to provide purchasers with a state-mandated public report. Obtained a judgment in favor of a developer defendant following demurrer to claim seeking to invalidate a purchase and sale agreement on the grounds that the developer purportedly violated "unfair competition" statutes. Represented to verdict a country club in dispute with member over dues. Defended developer of condominium complex in action brought by sales agent for the recovery of commissions/referral fees. Defended member homeowner in dispute with country club over improper water drainage and successfully negotiated drainage easement and settlement. Defended a developer in case brought by buyers of property who refused to consummate the sale and sought to recover the deposit which was retained as liquidated damages under the express terms of the agreement. Represented a homeowner in a quiet title and inverse condemnation action against a municipality and neighboring homeowners related to encroachments and use of property by public. Settlements reached with neighbors for encroachments, received judgment against municipality for physical taking, and defeated municipality's public dedication of trail claim. Prior results do not guarantee similar results