Real Estate Litigation
Our litigation team understands both the law and the business of real estate. When it comes to successfully resolving real estate disputes, knowing the business is essential to a successful outcome.
We prosecute and defend a broad range of claims related to real estate. These include purchase and sale agreements, option agreements, partnership and joint venture related disputes, real estate secured financing matters, broker, finder, and escrow agreements, and title insurance claims. We also handle landlord-tenant, homeowner and other common interest associations, construction defect and insurance claims and disputes.
Our clients have included residential and commercial developers and property owners, lenders, borrowers, investors, joint venture partners and owners of office buildings and shopping centers, contractors, brokerage firms, construction companies, and both landlords and tenants, whether in office, industrial or commercial properties or under long-term, ground leases.
Representative litigation matters we have handled include the following:
- We successfully represented an investor who was defrauded out of $350,000 by the sellers. In addition, the attorney who originally represented the investor committed malpractice and breached his fiduciary duties to him. Our client achieved a very large judgment against the sellers, and a judgment of over $400,000 against the former attorney.
- We successfully represented the condominium owners association of a medical office building which sued a hospital company for attempting to sell a large block of condominium units (as part of a larger sale involving four hospitals) without complying with the association’s right of first refusal. After trial, the court upheld our client’s right of first refusal and required that a new notice be issued with the price and terms established by the court.
- We successfully defended a seller of his home who was sued by the buyer for allegedly failing to make full disclosure regarding the geological condition of the property.
- Successfully represented a family that sued the seller of a home they purchased for failing to disclose that the house suffered major water intrusion issues.
- Successfully and economically represented a commercial landlord in a complicated unlawful detainer action seeking to evict a dead beat tenant. The tenant contended that it only owed a fraction of that amount and did not have to vacate the premises. A Settlement Agreement and Stipulation for Entry of Judgment was reached just before the start of trial whereby the tenant would pay significant portions of the landlord’s claim and vacate the premises in two weeks.
- We successfully represented the long-term, master lessee of a Southern California marina project in a lawsuit against the city that owns the marina. The city engaged in conduct designed to get it out of the lease. A favorable settlement was reached during trial.
- We successfully and economically represented a family regarding a property line dispute with their neighbors. The neighbors tore down our clients’ fence, and threatened to tear down our clients’ gazebo, both of which encroached on the neighbors’ property. A temporary restraining order was obtained, and a favorable settlement was reached at mediation whereby our clients obtained a permanent, exclusive easement over the disputed area for a nominal amount.
- We successfully represented a commercial lender in foreclosure proceedings and enforcement action against guarantors of a real estate secured loan and defend our client against allegations of lender liability relating to an equity participation loan to corporate developer of a shopping center.
- We successfully represented an owner of commercial property in quiet title actions by his neighbor alleging valuable easements were extinguished by the doctrine of merger.