Defended a national general contractor against subcontractor claims arising from expansion and modernization of Orange County Sanitation District sewage treatment facilities.
Defended a national homebuilder in complex multi‑party action against homeowner claims arising from large residential development in San Diego County.
Defended a subsidiary of publicly traded EPC firm against construction defect claims arising from construction of a Yokohama Tire warehouse. Client prevailed on summary judgment and was awarded its attorney's fees.
Prosecuted claims by a general contractor against the owner of large multi-story nightclub and restaurant. Defended claims of nightclub owner.
Prosecuted complex claims including for impacts/delay and design deficiencies, among many others, by the owner of residential lofts development in Long Beach against design professionals and the general contractor. Recovered substantial damages through mediated settlements.
Prosecuted multi-million dollar claims on behalf of a national contractor against subcontractor and performance bond surety arising from defective work on an Indian hotel and casino.
Recovered multi-million dollar settlement from a city on behalf of a general contractor in connection with claims for unpaid contract balance, improper termination, defective design, and impact/delay claims against a city arising from $18 million sports facility. Defended against alleged False Claims Act violations.
Represented an EIFS subcontractor in connection with payment claims arising from hotel/casino project.
Represented a well-known juice retailer in connection with numerous claims stemming from defaulted and insolvent contractor on several stores.
Represented a design-builder over claims arising from sewage treatment and cogeneration facilities constructed for the City of Stockton.
Represented a program manager, in connection with claims arising from North Hollywood Police station project.
Represented an international clothing retailer in connection with various construction claims arising from the build-out of California stores.
Represented a New York based real estate investment fund in complex multi-party litigation in Los Angeles arising from mixed-use project in San Pedro. Case involved project abandonment by general contractor and resulting claims by investor partner, which took over and completed project with replacement forces.
Successfully represented the owner of a five star resort in Rocky Mountains in connection with substantial claims against design professionals.
Successfully defended a low bidder contractor in writ proceedings (bid protest) in Alameda County Superior Court arising from $25 million highway project.
Successfully defended the owner of desert solar power project against multi-million dollar claims by an EPC contractor. Claims were resolved through mediation.
Tried action to verdict in North San Diego County on behalf of a prime cathodic protection contractor. Received defense verdict on complaint by subcontractor and prevailed on cross-complaint. Achieved full recovery of judgment following marshall's seizure of subcontractor's heavy equipment.
Trial in federal district court on claims by oil rig operator arising from failed wire rope and damage to fallen oil rig mast.
Recovered a substantial settlement for the general contractor in connection with the Big League Dreams project in Chino Hills. The project included six claims arising out of the construction of replica major league stadiums, turnstile entrance, restaurants, bars, batting cages, corporate offices, indoor soccer arena, volleyball courts, skateboard park, and other features.
Successfully defended an owner against a $3.4 million claim by a trade contractor on high-rise, multi-prime project following rulings on motions that because contractor was not licensed for substantial scopes of work it performed it must disgorge payments.
Represented an owner designing a luxury resort in Utah in its efforts to remove a mechanic's lien via a lien release bond on the grounds that the consultant had not served a preliminary notice as required under Utah law and could not simultaneously seek to recover on the lien release bond and to foreclose on the property. Utah trial court first ruled that the bond was substitute security and consultant could not simultaneously proceed on its claim to foreclose on the lien, and later ruled that the lien was invalid since a preliminary was required – resulting in exoneration of the lien release bond and the recovery of attorney's fees.
Defended a major construction lender against mechanic's lien priority claims and bonded stop notice claims arising from borrower-owners' failures to manage projects.
Defended various lessor-owners against mechanic's lien and other claims against tenants, including restaurants and big box retailers.
Represented an office building owner in mechanic's lien lawsuits by general contractor and subcontractors when tenant failed to pay contractor for work for restaurant to be opened at the client's office building.
Assisted in the successful prosecution of claims by a general contractor against CalTrans in connection with freeway seismic retrofitting program.
Protested invalidation of low bid by Port of Long Beach on behalf of a national dredging contractor.
Represented a general contractor, in successfully withdrawing from a public contracting bid it had submitted to UCLA after realizing that errors in its bid calculation spreadsheet had caused it to drastically underbid, and that it would lose millions if awarded the contract.
Obtained favorable settlement in favor of a homebuilder client against subrogation claims brought by insurer of purchaser of client's home arising out of alleged leaks in walls of home.
Obtained settlement whereby the public entity client did not pay any money toward the settlement of claims brought by another public entity and by a general contractor for payment allegedly due for work performed to install a water pipeline.
Successfully liquidated claim of subcontractor against general contractor through a liquidation agreement even though general contractor was still in litigation with owner to obtain final settlement of sums due.
Obtained dismissal in favor of an owner in defense of a mechanic's lien lawsuit brought by subcontractor who was not paid by general contractor.
Litigated mechanics' lien claim on behalf of subcontractor against school district.
Co-chaired 8-week jury trial in California state court defending national homebuilder in a class action involving claims of fraud, negligence and breach of warranty, with monetary exposure of approximately $55 million. Secured favorable rulings during trial which resulted in favorable settlement for client prior to jury deliberation.
Successfully settled a construction defect claim brought by numerous homeowners against a developer of tract homes, utilizing proceeds from the insurance carriers and subcontractors.
Represented the Nauru government in resolving complex construction defect case relating to the building of the civic center, including a trial in San Francisco against the roofing manufacturer.
Lead trial counsel in a case brought in Texas state court over the failure of a geotechnical engineer to properly disclose adverse soils conditions prior to development.
Lead trial counsel in obtaining a successful jury verdict for a national homebuilder in a state court action in Colorado involving fraudulent soils reports and widespread construction damage.
Represented a developer in a $15 million dispute with the contractor and various subcontractors over delays in the construction of a ski resort.
Represented a national homebuilder in a lawsuit against a developer and geotechnical engineers, in which the homebuilder alleged fraud, negligence, and breach of contract.
Defended contractor in lawsuit brought by high-end homeowner for breach of guaranteed maximum construction contract and construction defects.
Represented the builder of two condominium towers in disputes with multiple contractors and subcontractors in dispute over construction defects.
Represented a builder/architect in action by owner over designs and construction dispute.
Represented a developer client in connection with the mismanagement of a construction project located in San Pedro, California, asserting claims for breach of contract, express contractual indemnity, and declaratory relief.
Represented homeowners in suit against tile contractors for construction defects arising in their high-end home.
Represented an owner in reverse build-to-suit action against builder regarding weatherproofing.
Represented the owner of condominium project in pre-litigation settlement negotiations with builder regarding defects.
Represented a management company in dispute with HOA over duty of management company to repair construction defects on decking of 84 high-end condominium units.
Obtained a mediated settlement for a national public homebuilder under its umbrella liability policies on a Chinese drywall coverage claim involving over 200 homes, despite adverse law on the pollution exclusion in the forum state.
Obtained a favorable settlement for a national REIT under its permanent property insurance policy for a substantial water intrusion loss involving multiple dwelling units and common area in a major mixed-use development.
Obtained a mediated settlement for a bank and its homebuilding subsidiary under multiple CGL and umbrella liability policies in a $350 million reformation and bad faith action arising out of soils and concrete conditions in several hundred homes.
Prevailed on a motion for partial summary judgment for a national public homebuilder. The court ruled that Chinese drywall losses in over 200 homes constituted a single occurrence under a contractors pollution liability policy, which required the client to pay only one self-insured retention.
Prevailed on a motion for summary judgment by our client, a general contractor, against a subcontractor's CGL insurer in a complex fatality action and shifted liability for a $6 million underlying judgment to the subcontractor's insurer under an additional insured endorsement, recovered the client's defense costs, and obtained substantial Brandt fees for the insurer's bad faith.
Recovered 100% of defense costs and indemnity payments for a regional private homebuilder as an additional insured in a construction defect bad faith action against a subcontractor's CGL insurer.
Achieved a substantial settlement for Chinese drywall losses in a declaratory relief action on file in a state where the Supreme Court has held that the Total Pollution Exclusion applies to claims resulting from indoor exposure to noxious fumes.
Obtained partial summary judgment that Chinese drywall losses in over 200 homes constituted a single occurrence. As a result, the insured developer had to pay only one self insured retention to access coverage, and the insurance company quickly settled the action.
Represented construction manager in obtaining dismissal from construction defect litigation.
Obtained favorable settlement for a national construction company against the owner of a major polluted site which had hired our client to do extensive work preparing a comprehensive guaranteed maximum price contract for the construction of a major mall on the site, and against the labor union which was the lender to the project based upon our client's bonded stop notices.
Obtained favorable settlement on the eve of trial on behalf of a contractor in breach of contract, mechanic's lien and stop notice action against owner where owner failed to go forward with shopping center project.
Represented a builder of high-end custom homes using prefabricated modular technology in a dispute with its primary fabricator who was claiming that it was still owned money for various services rendered in connection with a custom home. After extensive mediation, the fabricator abandoned its claims.
Represented a custom homebuilder in construction defect action involving a home in Ladera Heights. Litigated non-payment claim on behalf of builder. Defended against construction defect action against builder by homeowners. Lawsuit involved contractor's licensing allegations and other Business & Professions Code violations, in addition to construction defects and punch list work.
Litigation counsel for a regional developer in defense of homeowners' association suit and obtained 100% coverage of defense and indemnity payments through enforcement of contractual indemnity and additional insured coverage.
Represented a mixed-use developer in recovering from its builders' risk carrier its repair and soft costs associated with significant course of construction damage through negotiation without need for litigation.
Secured defense of a developer by insurer under liability policy in large construction defect action after carrier's initial denial based on claimed application of multiple, rather than a single, self-insured retention.
Represented a large developer/homebuilder in state court action filed by multiple plaintiffs alleging construction defects in homes.
Represented numerous developers as defendants with respect to mechanic's lien claims filed against projects by contractors or subcontractors.
Obtained significant recovery from contractors and insurers resulting from settlement of defect action involving an apartment building.
Obtained significant recovery from a developer and contractors for failure to address flooding from rising underground water table.
Prosecuted defect and fraud claims against a general contactor and subcontractors for high-end luxury residence located in Santa Barbara. Variety of significant construction defects involved. Obtained multi-million settlement in favor of homeowners from general contractor and subcontractors.
Represented a construction lender in litigation resulting from catastrophic landslide on ocean front golf course. Handled disputes involving the cause of the slide, possible fixes, insurance coverage, loan defaults, bankruptcy, and all related issues.
Represented a general contractor in $6 million contract close out dispute on high-end condominium and commercial project in Santa Barbara.
Represented a national hotel chain in major construction defect suit involving residential portion of large development in Santa Rosa.
Represented one of California's largest residential/commercial developers in defending and prosecuting numerous multi-million dollar delay and disruption claims in projects throughout Southern California, including multiple luxury high-rise condominium projects, mixed-use projects and townhomes. The litigation included the prosecution (and defense of) claims against general contractors, subcontractors, engineers, architects, and others involved in the projects.
Successfully defended a large residential developer in dispute over alleged defects in roof construction for thousands of homes in numerous developments.
Recovered millions of dollars prosecuting non-disclosure claims and defect claims on behalf of owners of high-end homes throughout Southern California. Targets included insurance carriers (first and third party), sellers, and brokers who failed to disclose material information, as well as general contractors, subcontractors, architects, engineers, and others involved in the design and construction of the homes.
Obtained a favorable settlement for an owner of a multi-million dollar home in litigation against the builder for failure to maintain a contractor's license and against the builder and the numerous subcontractors in a complex construction defect action.
Represented a residential builder in multi-million dollar construction claims case against major general contractor. The project involved condominiums in residential towers in Marina Del Rey. The lawsuit involved mechanic's lien claims, as well as delay claims, change order claims, claims involving completion of construction and punch list work, and a smoke transfer claim. Obtained substantial settlement with general contractor and numerous additional settlements with subcontractors and suppliers.
Represented an office building owner regarding defective build out.
Obtained settlements for a builder as builder's personal counsel, providing risk management counseling on construction, warranty, and insurance issues in all aspects of construction defect and warranty issues.
Represented a national builder in multi-million dollar construction defect action brought by owners of attached townhomes in Camarillo. Variety of significant defects alleged, including failing retaining walls, leaking pot-shelves, etc.
Represented a developer in construction claims lawsuit involving construction of concrete curb and gutter median on a public roadway. Lawsuit involved mechanic's lien dispute and dispute over change order work, delay damages and defective construction. Lawsuit also involved contractor's license issues and fraud claims. Defended against alter ego claims against a number of other defendants.
Represented a developer in fraud lawsuit brought by homeowners in Thousand Oaks. Lawsuit involved fraud claims relating to non-disclosure of contractor license issues at the time of sale. Also defended against alter ego claims against a number of other defendants.
Defended a multi-state private homebuilder in 400-plus home owner class action concerning alleged soils and structural code and other deficiencies.
Settled case for a private homebuilder in a several hundred single-family detached home development with homeowner allegations involving alleged defects in soils, roofs, siding, stucco, windows, HVAC, plumbing, electrical, structural, and other components.
Settled case on behalf of public homebuilder in 300-plus unit condominium project design and construction defect action brought by the homeowners association.
Defended a private developer of a large master-planned multiple condominium community against design and construction defect claims brought by homeowner associations pertaining to buildings placed on 100-foot fill material which failed. Second chaired the 9‑month jury trial that ensued.
Personal litigation defense and risk management counsel for numerous private homebuilders in California's Central Valley in cases involving design and construction defects.
Served as personal litigation and risk management counsel to a private homebuilder in Nevada in a case involving more than 50 homeowners suing for multiple design and construction defects.
Obtained defense verdict after a four-month class action jury trial alleging fraud and defective construction in a high-rise luxury condominium project.
Received a court judgment after a three-month trial awarding $5.9 million for delay damages to the owner of a 23-story office building. The owner was assessed 20% of the fault for delay. The contractor received nothing on its $2 million claim. In addition, attorney's fees and costs of almost $1 million were awarded.
Represented a building owner with respect to construction of a new high-rise office building in Los Angeles which had been delayed for 8 months due to errors of the architect, contractor, and elevator subcontractor. The contractor and subcontractors cross-claimed for $2 million. After a five-month court trial the owner was awarded $6.5 million for delay damages together with in excess of $1 million in attorney's fees, all of which was collected, and the contractor and subcontractors were awarded nothing on their claims.
Represented a developer in action for declaratory relief against buyers of property refusing to purchase based on purported failure by developer to strictly comply with plans and specifications for construction of the residence.
Represented a high-end ski resort hotel owner in a construction dispute over delays and disputed requests for change orders, against general contractor and subcontractors.
Represented developers of large communities as well as luxury single family residences and condominiums in numerous construction defect cases throughout the State of California.
Represented the developer of a luxury high-rise condominium project in a class-action for claims for fraud and defective construction. After a four-month jury trial, a defense verdict was rendered in favor of the developer.
Represented a hotel owner in construction defect litigation against general contractor and subcontractors significant construction defects.
Represented a landowner in its suit against tenants who caused contamination of soil and groundwater, alleging causes of action under CERCLA and common law.
Environmental counsel for plaintiff in 3000 E. Imperial, LLC v. Robertshaw Controls Co., CERCLA cost recovery litigation resulting in the first case upholding the bona fide prospective purchaser defense to CERCLA liability (asserted by 3000 E. Imperial, LLC due to successful pre-acquisition environmental due diligence performed by Cox, Castle & Nicholson).
Obtained settlements in excess of $13 million from a multi-national chemical manufacturer, a multi-national paint manufacturer, and several other parties in a combined environmental cleanup/eminent domain action. The litigation, on behalf of a municipal redevelopment agency, involved multiple simultaneous state trial court proceedings, including a five-week jury trial in one action, as well as federal district court litigation in which our client obtained a summary judgment leading to the final settlement. A state appellate ruling validated the client's position on the appropriate interaction of eminent domain and environmental cost recovery proceedings.
Represented a Northern California municipality and redevelopment agency in cost recovery litigation against several different former operators of city-owned port site contaminated with hydrocarbon and PCE contaminants. Marshaled resources to assist city with extensive review of city records and historical data to locate and pursue former operators from decades earlier. Handled related insurance litigation as part of assisting city in its defense of contribution claims.
Defended a gasoline distributor in contamination claim for strict liability, negligence, trespass, and nuisance brought by operator of water system for alleged actual and threatened MTBE contamination of the drinking water system arising from releases of gasoline.
Represented a company in products liability and toxic torts litigation involving MTBE contamination of groundwater.
Obtained a settlement in excess of $15 million from a major oil company on behalf of a municipal redevelopment agency client in a multi-party, multi-jurisdiction case arising out of an environmental cleanup necessary for the second phase of a multi-phase urban redevelopment project. This litigation involved the concurrent handling of common law claims, a statutory environmental cost recovery claim, eminent domain claims, federal appellate litigation over the extent to which a prior federal action partially resolved this state court action, and an extensive administrative process before a state agency.
Obtained summary judgment for a municipality on claims that its historic management of waterfront areas within the city, its development of road and sewer infrastructure, and its land reclamation activities had contributed to environmental contamination at a site near the historic shoreline of San Francisco Bay.
Represented an agency and municipality in Polanco Act and nuisance action for cost recover related to remediation of brownfield.
Obtained settlements, on behalf of a land developer client, in excess of $10 million from two governmental entities in connection with a 300 acre project site where the governmental entities historic burn dump operations, and their subsequent mismanagement of the cleanup process, damaged the client's development opportunities.
Defended a chemical-producing subsidiary of a major wood and paper products manufacturer against claims for a multi-million dollar penalty in an enforcement/penalty proceeding under California's Hazardous Waste Control Law.
Defended a municipality against claims based on alleged violations of the Clean Water Act and Resource Conservation and Recovery Act (RCRA).
Obtained a settlement in a CEQA action, on behalf of a citizen opposed to a port authority's expansion project, that provided for various project revisions and payment of attorney's fees.
Co-chaired a 4-week jury trial and subsequent appeal in the acquisition, cleanup, and redevelopment of a 15-acre industrial site. Client recovered in excess of $13 million of cleanup costs and related expenses. Key decisions reported as Emeryville v. Elementis Pigments, et al., 101 Cal. App. 4th 1083 (2002) and Emeryville v. Elementis Pigments, 2001 WL 964230 (N.D. Cal.).
Defended and settled a multi-million dollar penalty proceeding arising out of allegedly illegal disposal of hazardous waste by a Fortune 100 company.
Defended a municipality in a Clean Water Act citizen enforcement suit and resolved matter without payment of civil penalties.
Lead litigation and co-lead transactional counsel in municipal owner's cleanup and redevelopment of a bulk terminal/former defense facility. Client obtained over $3 million in proceeds from its own historic liability policies and a favorable development and disposition agreement including forward-looking pollution liability and cleanup cost cap coverage.
Defended a plumbing fixture manufacturer sued under RCRA and CERCLA for alleged contamination arising out of a post-World War II ship scrapping operation located on San Francisco Bay and obtained settlements in excess of $10 million from the United States and various industrial entities.
Obtained settlements in excess of $5 million from a multi-national chemical manufacturer, several major oil companies, and various insurance companies in a federal environmental cost covering action. This litigation involved extensive discovery and motion practice to defeat the defendants claims that the plaintiff redevelopment agency was the alter ego of the city that owned the site in question.
Represented a global REIT in writ litigation against the California Department of Finance over the validity of a $50 million claim secured by a pledge of tax increment revenue. The claim was ultimately acknowledged by the Department of Finance to be a valid obligation and secured by a pledge of tax increment.
Represented a major developer in litigation against municipal and county government entities arising out of environmental contamination and the associated impairment of the economic opportunity at a 3000 unit planned development in Chico, California. Obtained a settlement worth approximately $10 million.
Represented a clothing manufacturer/property owner in a multi-year, disputed administrative proceeding against three major oil companies and concerning contamination associated with historic bulk termination operations. Client obtained a settlement for full excavation of the residual fuel products and related contamination, which allowed client to close its sale of the site to a major REIT.
Represented a redevelopment agency in CERCLA and Polanco Act claims action.
Lead counsel for the successful appellees in City of Emeryville v. Robinson, 621 F. 3d 1251 (9th Cir. 2010), a seminal case clarifying the interplay of the federal Superfund statute and California's good faith settlement mechanism.
Represented a municipal landowner working with a major developer to convert a 40-acre site heavily impacted by historic MGP operations to a mixed-use development. Client obtained commitment for a full cleanup, estimated at $25-$40 million, from a major utility.
Trial counsel for the Emeryville Redevelopment Agency in a 7-year process of acquiring, cleaning up, and preparing a highly contaminated 4-acre parcel for redevelopment. Obtained $23 million and fee title through settlements, and a $3 million trial court judgment following an 8-week bench trial.
Assisted in obtaining a favorable settlement and subsequent judgment against non-settling parties on behalf of owners of a commercial/industrial property against prior owners for environmental contamination.
Successfully defended a public agency before the Ninth Circuit Court of Appeals on issues involving the interplay between contract settlement terms and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Represented a lessee of industrial property in CERCLA action against former owners and neighboring property owners to recover clean-up and remediation costs associated with removal of PCE contamination from the properties.
Represented a developer of mixed-used residential project against former gas station-operator tenant who failed to remediate the property of soil and groundwater contamination at the conclusion of their tenancy.
Represented a San Fernando Valley property owner in cost recovery litigation against owners of nearby car wash property.
Represented property management company in dispute brought by tenant over failure to disclose mold remediation in unit prior to lease execution.
Represented the defendant, a large home developer, in action for recovery for fear of cancer associated with exposure to naturally occurring asbestos.
Obtained favorable settlement that required the redevelopment agency which sold contaminated property to a client to remediate the site that was contaminated with hydrocarbons.
Obtained multi-million dollar jury verdict for a New York based developer with plans to build a hotel in Laguna Niguel in an action against oil companies and adjacent landowners arising out of the discovery that the land on which the hotel was to be built was contaminated with petroleum hydrocarbons.
Obtained summary judgment for a plumbing manufacturer that produced bombs during WWII under an order from the Department of Defense in RCRA and CERCLA action brought by property's current owner.
Obtained summary judgment for a developer which was sued under the federal Resource Conservation and Recovery Act (RCRA) for burying DDT-laden soil under the streets in a new development.
Represented developers and landowners against neighboring and upstream landowners alleging that the landowners were responsible for contaminating our clients' property.
Obtained favorable jury verdict for a bank and a hotel developer suing a neighboring landowner and tenant for polluting our clients' property. The appellate decision arising out of the verdict continues to set the standard for the liability of a landlord for pollution caused by a tenant.
Represented a corner bead manufacturer in superfund clean up action regarding proportionate contribution to the costs of clean up of a land fill.
Represented an oil company in an action over leaching of petroleum products into the aquifer.
Represented a large landowner client in a CERCLA cost recovery action involving a complex multi-year, multi-party mediation where the parties worked collaboratively on the site cleanup while simultaneously negotiating a settlement.
Represented a large residential subdivision developer in a lawsuit alleging grading exposed neighbors to naturally occurring asbestos. Obtained very favorable settlement for client.
Represented a municipal entity plaintiff in $30 million environmental cost recovery action against multiple defendants. Case settled with all but one defendant. After a seven-week bench trial, obtained a favorable judgment against the remaining defendant.
Assisted an energy company in complex compliance matter related to the handling and disposal of hazardous waste under federal and state law.
Represented a large pharmaceutical company client in multi-party Proposition 65 lawsuit. Client successfully defeated the lawsuit on demurrer, which was upheld on appeal.
Represented dozens of different retailers, distributors, and manufacturers to obtain favorable settlements of Proposition 65 lawsuits, and to avoid liability under Proposition 65 in the first instance.
Defended a developer sued under CERCLA and RCRA by a homeowners association for placement of materials beneath a roadway (under DTSC supervision).
Defended a major residential developer in CERCLA and RCRA litigation.
Represented a landowner whose property was contaminated by activity on a neighboring property, where the principal claim was stigma damages. Bixby Ranch Co. v. Spectrol Electronics, the seminal California case involving stigma damages.
Represented a public utility before the State Water Resources Control Board regarding appropriate orders issues in connection with groundwater contamination.
Represented a biotech company in cost recovery action that compelled former railroad companies to address extensive environmental contamination through expedited remedial methods.
Represented a commercial developer in cost recovery action against former gasoline service station and dry cleaning operators, obtaining recovery ten times higher than the amount of attorney's fees incurred in litigation.
Represented a commercial landlord plaintiff suing a neighboring property owner and operator under RCRA for contamination arising out of lumber treatment processes.
Represented a developer in recovery of $3.5 million dollars in settlement with oil company for damages arising predominantly from the loss of value to a Los Angeles residential project caused by the delay resulting from implementing a slow form of remediation.
Represented major commercial developers in defending numerous suits for mold-related claims, including cases with alleged damages exceeding $10 million.
Represented a retail developer in recovery of $1.3 million in settlement with oil company responsible for contamination from a former gasoline service station. The settlement more than sufficiently funded the complete remediation of the subject property.
Defended large commercial building owners and managers in Proposition 65 lawsuit.
Defended a large manufacturer in Proposition 65 lawsuit.
Defended a major concert venue owner and retailer in Proposition 65 lawsuit.
Represented a group of lenders in several bankruptcy cases filed by related investment funds, involving multiple properties located throughout the country.
Represented numerous landlords in several large retail bankruptcies brought about by the recent economic crash.
Represented a hospitality company in numerous defaulted time share loans in bankruptcy cases throughout California.
Represented a hotel franchisor in the bankruptcy case of its franchisee, involving a liquidation plan filed by the senior secured lender.
Represented numerous lenders in obtaining relief from the automatic stay to foreclose on their real property collateral in bankruptcy cases throughout California.
Represented numerous lenders in challenging proposed reorganizations by single asset real estate debtors.
Represented a receiver in one of the largest receiverships in Los Angeles, involving a high profile commercial property.
Advised clients on appropriate and necessary pre-enforcement actions.
Advised clients regarding the non-judicial trustee's sale process and review and revise, if necessary, the notices and related paperwork prepared by the foreclosure trustees.
Advised numerous borrowers in negotiating consensual sales of real property collateral by receivers.
Represented a bank in defending against a complex unfair business practices action based on loans that the bank unwittingly purchased from a leasing company operating a Ponzi scheme.
Represented a mezzanine lender in defending a lender liability action related to a partially completed condominium project.
Represented numerous banks in actions to obtain the appointment of receivers for real and personal property collateral.
Successfully defended against a borrower trying to stop a foreclosure of a partially completed restaurant by a bank.
Represented several banks in obtaining prejudgment writs of attachment in a breach of guaranty action.
Handled various receivership actions involving the defense of and prosecution of a receivership involving various hotels.
Represented a company in numerous actions in which the client sought to take over defunct public companies through the appointment of a receiver. Successful in having a receiver appointed in several actions.
Represented a national banking institution in suing mortgage brokers which placed loans with bank that defaulted. The claims asserted were based upon the seller's agreement and various guarantee provision by the brokers representing that information was verified with the borrowers, but which had turned out to be false. Asserted various claims for breach of contract, fraud, and negligent misrepresentation.
Represented a landowner on lender liability theories.
Assisted in obtaining relief following appellate proceedings from Bankruptcy Court judgment that erroneously granted ownership of alter ego claims to defendant's bankruptcy estate rather than to plaintiff, who was the rightful owner of the claims.
Represented a lender in judicial and non-judicial foreclosure proceedings which triggered complex lender liability suit by buyers of five properties. Succeeded in foreclosure proceedings and caused dismissal of the suits through successful summary judgment motion.
Represented lenders in complex case brought by buyers of five properties pursuant to a development agreement where the buyers failed to make payments under promissory notes which triggered judicial and non-judicial foreclosure proceedings.
Represented a lender in a complex series of consolidated cases involving a real estate investment ponzi scheme.
Represented a national homebuilder in a lawsuit brought by SunTrust Mortgage, Inc., seeking indemnity based on a breach of contract claim for performance under a mortgage broker agreement.
Represented a bank in a $20 million dispute over various real estate loans and in various related regulatory investigations.
Represented mezzanine lenders in suit brought against borrowers/guarantors in foreclosure action.
Represented the lender in a dispute over a $40 million investment in a major downtown mixed-use complex.
Represented a principal creditor Chapter 11 reorganization of multi-level marketing company.
Defended a guarantor and principal obligor in action on failed development.
Defended a guarantor and principal obligor in action on failed development.
Defended seven different lender liability cases and in each case obtained either dismissals or advantageous settlements.
Handled numerous workouts of failed loans both from the lender and borrower perspectives.
Obtained dismissal of individual sued by the FDIC on a guarantee obtaining attorney's fees in the process.
Obtained mid-7 figure settlement for a lender in suit to obtain lost interest profit against potential borrower that backed out of commitment to borrow for a better deal.
Represented a borrower in 9-figure borrowings dispute with primary lender on various projects.
Represented a borrower against successor lender to Lehman Brothers over funding of draws.
Represented a company in numerous actions in which the client sought to take over defunct public companies through the appointment of a receiver. Had a receiver appointed in several actions.
Represented a developer in failure to fund case against national bank.
Represented a Fijian company in defense of a claim for a broker's commission on successful financing opportunity.
Represented a foreclosing mezzanine lender in demand for advances due the original borrower.
Represented guarantors in suit brought by lenders for breach of guaranty.
Settled case on behalf of a borrower against mezzanine lender that refused to fund draws.
Settled case on behalf of a timeshare borrower over interpretation of subordination clause relating to receivables financing.
Settled case on behalf of a timeshare operator in dispute with lender of $500 million credit facility involving whether events of default had occurred.
Represented a landowner against bank on lender liability theory.
Represented a client in connection with a loan made to a company and officers, which defaulted. Issues surrounded the alleged guaranty of the loan by the officers given that the guarantees were not properly documented. Obtained a favorable settlement as to one guarantor and dismissal of the other guarantor.
Represented a developer in connection with the default in financing on a development project located in Lake Elsinore, California. Developer client personally guaranteed the financing. Defended action brought by lender on personal guarantee asserting claims for bad faith by the lender. Mid-way during litigation the lender was taken over by the FDIC. Obtained dismissal of California-based litigation following removal to federal court after FDIC became Plaintiff.
Represented an owner and founder of company against investor claims of breach of fiduciary duties and breach of contractor arising out of failure to repay conditional loan.
Persuaded the Federal District Court to permanently enjoin a lender's presentation of an over $2 million irrevocable letter of credit provided by our investor client as additional security for the construction loan on an office building project which failed. Both the Ninth Circuit Court of Appeals and the United States Supreme Court declined to stay the injunction despite the lender's attempts to have it stayed.
Tried to a defense verdict a case alleging lending discrimination filed by a Korean-owned company against a major California bank.
Represented the successful purchaser of an office building, through an auction, in a Chapter 11 bankruptcy case pending in Los Angeles.
Represented numerous secured creditors in negotiating debtor's use of cash collateral, obtaining relief from the automatic stay and foreclosing on personal property collateral.
Represented numerous secured creditors in obtaining relief from the automatic stay to foreclose in a single asset real estate cases.
Represented retail landlords in negotiating the favorable terms in the bankruptcy assumption and assignment of their leases.
Represented a secured creditor in negotiating a settlement with debtor pursuant to which the secured the secured creditor received relief from stay to foreclose on some of its collateral and some of its collateral was sold with proceeds being paid to the secured creditor.
Represented a secured creditor in negotiating the debtor's use of cash collateral and sale of all of the debtor's assets under Bankruptcy Code Section 363, of all the debtor's assets.
Represented a secured creditor in negotiating treatment of its fully secured claim in a confirmed plan of reorganization.
Represented a secured creditor in negotiating with the debtor for a sale of all the debtor's personal property assets and payment of the proceeds thereof, less negotiated carve outs, to the secured creditor.
Represented a secured creditor in obtaining dismissal of a single asset real estate case based on the new debtor syndrome.
Represented a secured creditor in obtaining full payment of its claim through a negotiated plan of reorganization.
Represented a secured creditor in obtaining relief from the automatic stay in a bankruptcy case in which the debtor held a second deed of trust encumbering property, which was not owned by the debtor, on which the secured creditor had a first deed of trust.
Represented secured creditors in evidentiary hearings in contested plan confirmation hearings, avoidance actions and relief from the automatic stay proceedings.
Represented a financial institution in connection with the Chapter 11 bankruptcy case of a carpet installer for Home Depot.
Represented a financial institution in connection with the Chapter 11 bankruptcy case of a manufacturer of after-market automotive accessories.
Represented a financial institution in connection with the Chapter 11 bankruptcy case of a manufacturer of hair products.
Represented a financial institution in connection with the Chapter 11 bankruptcy case of a nursery.
Represented a financial institution in connection with the Chapter 11 bankruptcy case of a patio furniture distributor.
Represented a secured creditor in connection with the Chapter 11 of a single asset entity which owned an office building.
Defended a homebuilder client and its principal in litigation brought by lender to recover on guaranties and obtain a prejudgment writ of attachment pending trial.
Represented a contractor in an action to stop foreclosure and determine priority of liens among various lenders and mechanic's lienholders.
Handled declaratory relief action brought by guarantors of a large real estate portfolio acquisition loan, seeking exculpation from certain guaranty provisions.
Multi-week trial before a private judge, litigating dispute between mezzanine lender and principals of borrower, over the borrower's alleged intentional conduct to trigger a call on a letter of credit put up by the mezzanine lender as additional security for the senior lender. Argued appellate issues before Fourth District Court of Appeal in related case against prior members of borrower entity.
Represented lenders in conducting public and private Uniform Commercial Code foreclosure sales of a debtor's equipment, inventory, accounts receivable membership interests in a limited liability company and a judgment.
Represented lenders in putting account debtors on notice and in foreclosing on pledged bank accounts.
Represented an insurance company adverse to a leading computer manufacturing company involving a claim under an Errors & Omissions policy. The claim arose out of underlying litigation in which the computer company was sued by former employees, who were treated as independent contractors, but were lawfully "employees" and entitled to benefits, including stock options.
Successfully defended a national homebuilder against multiple claims alleging prevailing wage and unfair competition claims violations.
Represented a software company in arbitration brought by employees alleging ethnic origin discrimination claim.
Prosecuted trade secret misappropriation and copyright infringement suit in the Southern District of California on behalf of Fortune 500 company against former employees of company. Obtained summary judgment against defendants, and caused return of the technology and monetary concessions by defendants.
Defended three separate clients who operate restaurants in San Francisco in wage and hour claims before the California Labor Commissioner.
Represented an employer in class action wage and hour action brought by employees for unpaid meals and breaks.
Represented former WorldCom in all wage and hour disputes filed in Northern California at the labor commissioner level.
Represented a large bakery in wage and hour action brought by five employees for unpaid overtime, meals, and breaks.
Represented an employer in case involving allegations of wrongful termination brought by two employees fired for forming a separate company through which to direct company purchases and skimming by employees.
Represented a Fortune 100 company over the firing of employees in the defense industry.
Obtained judgment for a husband and wife terminated from a written employment contract.
Represented the president and CEO of large mortgage company in a wrongful termination action against large mortgage company. Resolved with 8-figure payment to client.
Successfully defended a glass manufacturer in a wrongful termination case.
Successfully defended two sexual harassment claims against a major computer importer.
Obtained defense verdict following jury trial on behalf of company in a sexual harassment lawsuit by former employee.
Obtained unanimous defense verdict for company in sexual harassment claim by former employee.
Represented a rock band and their manager in a sexual harassment claim by a roadie.
Successfully obtained TRO in favor of employer against employee who had absconded with trade secrets customer lists and other proprietary information.
Defended an action by employees over timing of funding of ERISA contributions.
Defended an action by ex employees over funding and rights to ERISA plan and ESOP program.
Obtained an appellate decision establishing the immunity of developers to class action prevailing wage claims through representation of general contractor, developer, and surety of master planned commercial and residential community against class action claims by employees seeking to represent all employees of all construction employers on the master planned development and claiming alleged underpayment of wages under California's Prevailing Wage Law.
Litigated individual and class action prevailing wage claims and authored numerous briefs submitted to California's Supreme Court and Courts of Appeal addressing the interpretation and application of the prevailing wage law.
Successfully defended and maintained trustee and sponsor interpretation of vacation plan structure through federal trial and appellate courts, obtaining a decision which protected trustee interpretations of ERISA benefit plans nationwide
Defended a general contractor against labor compliance program wage and penalty assessment in administrative hearings before Department of Industrial Relations.
Defended a general engineering contractor against claims by electrician union and related trust funds for contributions and employees' dues on behalf of workers performing work on the MTA Exposition Line light rail and related projects.
Defended a non-profit performing arts center against employee claims of retaliation and wrongful termination arising from claims of unsanitary conditions at work place.
Defended a payroll company against Employment Development Department assessments for State unemployment insurance contributions.
Obtained complete dismissal by demurrer of wrongful termination and tort claims brought by dozens of employees against hotel developer and operator.
Represented and coordinated defenses of a building owner against workers' compensation claims and civil negligence and wrongful injury claims arising from injury to employee of painting contractor.
Represented a commissioned sales employee in claim for unpaid commission compensation.
Represented a developer/owner in arbitration proceedings for interpretation and enforcement of project labor agreement terms.
Represented an industry association in multiple appeals before the California Courts of Appeal and California Supreme Court as amicus curiae in relation to application and interpretation of California's prevailing wage law and California Charter City Constitutional Exemption.
Defended a homebuilder against Fair Housing Act, unfair competition, and racial discrimination claims brought by prospective buyer.
Obtained closure of employees' EEOC and state administrative charges against separate employers in Hawaii and Texas, alleging unlawful sex and religion discrimination and hostile work environment.
Defended ERISA health and welfare trust funds against claims by hospital service provider of violations of ERISA, RICO violations, and interference with contract arising out of reimbursement re calculations.
Defended a general contractor against ERISA trust fund claims for contributions under project labor agreement.
Defended plan trustees against claims of breach of fiduciary duties and prosecuted subsequent action and settlement on behalf of trustees against carrier for failure to provide coverage under fiduciary liability policies.
Defended trustees of against claims by subsequent trustee of violations of ERISA, fiduciary duties and prohibited transaction rules.
Represented an ERISA pension plan in withdrawal liability case and on appeal to enforce judgment.
Represented ERISA trust funds as interested parties in Department of Industrial Relations enforcement action for non-payment of prevailing wages and fringe benefits under Los Angeles Unified School District project labor agreement.
Represented developers, contractors, and contractor associations before Department of Industrial Relations in various project determination and administrative appeals determining application and interpretation of California Prevailing Wage Law to construction projects.
Defended against class action and certification of class of construction employees alleging nonpayment of prevailing wages for work performed on distribution center construction.
Defended the developer of former Fort Ord property against action by local building trades to impose prevailing wage requirements on all construction on former Fort Ord property based on deed covenants and development agreement requirements.
Defended a general contractor against employee class action claims for unpaid wages under California's prevailing wage law.
Defended a master planned community developer and general contractor against employee class actions claims for unpaid wages brought by employees of all contractors and subcontractors performing work on the master planned community and seeking to enforce prevailing wage law requirements.
Prosecuted action on behalf of employees against general contractor for failure to pay prevailing wages, violation of California's unfair competition law (B&P Code § 17200), and RICO violations.
Represented a developer in administrative appeal before the Director of the Department of Industrial Relations regarding application of prevailing wage law to commercial redevelopment project.
Represented an employee class on appeal in relation to interpretation and enforcement of prevailing wage law against public agency.
Represented a master developer of former military property against claims that prevailing wages requirements be imposed on all commercial and residential construction to be performed in the redevelopment, which claims were based on alleged deed covenants, development agreements, and California's Prevailing Wage Law.
Defended a general contractor against class action claims of employees seeking wages and penalties for meal periods and rest breaks.
Defended a general contractor employer against initial wage and hour class action under IWC Wage Order No. 16 and Labor Code §§ 510 and 514.
Defended a large general contractor/builder of heavy construction – including infrastructure, highway, bridges, dams, etc. – against class action claims for unpaid meal period, waiting time penalties, and violation of California's Unfair Competition Law.
Represented a contractor against wage and penalty assessment by Los Angeles Unified School District Labor Compliance Program for nonpayment of wages and delayed production of certified payroll records.
Represented a multi-state employer against class action claims for unpaid wages, overtime, meal and rest period violations, and related penalties and claims on behalf of California employees.
Represented a pension plan trustee in breach of fiduciary duty claim by plan participant.
Represented the owner of a substantial closely-held business, who was also the trustee of the company's ERISA plan, who was sued by a former employee for ERISA violations.
Defended a clothing manufacturer against claims of violation of COBRA filed in federal court.
Defended an employer against citations issued by OSHA.
In a wrongful termination case, developed critical evidence through discovery demonstrating that an e-mail submitted by the plaintiff was a fake, which caused the plaintiff and her counsel to walk away from the case for a minimal settlement.
Obtained appellate decision enforcing arbitration agreement against out-of-state employee resulting in the transfer of the case to Texas for arbitration before the American Arbitration Association.
Represented an automobile services franchisor in a state court action filed by former employees alleging breach of contract, fraud, constructive wrongful termination, and related torts.
Represented a developer/property management company in a hearing before the OSHA Appeals Board with respect to citations issued by OSHA.
Represented an employer trade association in a trial by jury state court action brought by a former employee alleging wrongful termination.
Represented a homebuilder with respect to a breach of contract claim by an executive level employee in binding arbitration.
Represented an individual employee as a co-defendant in pre-litigation proceedings (mediation) involving a sexual harassment matter asserted by a former employee against a Fortune 500 company and the individual employee.
Represented an individual stockbroker in a state court action and a subsequent arbitration in connection with compensation owed in connection with severance of the employment relationship.
Represented a marketing/entertainment company in a state court action alleging pregnancy discrimination.
Represented numerous employers in unemployment hearings with respect to claims for unemployment made by former employees, usually because the unemployment hearings involved evidence which would have an affect on more serious pending or anticipated employment claims.
Represented a sporting goods retailer in state court action alleging wrongful termination of employment.
Defended construction industry enforcement fund in a federal court action alleging wrongful termination, breach of employment contract, and other claims.
Defended to successful resolution a fair housing case alleging familial status discrimination involving the largest apartment project in San Francisco, and conducted fair housing training in connection therewith
Defended an accounting firm against state court action and arbitration alleging wrongful termination and discrimination.
Defended a commercial developer against a complaint for sexual harassment filed with the Department of Fair Employment and Housing and a subsequent superior court action alleging wrongful termination and sexual harassment by former employee.
Defended a commercial property developer in state court against claims of race discrimination filed by terminated employee.
Defended a country club and individual employee defendants in sexual harassment and wrongful termination lawsuit brought by former employee.
Defended a currency exchange company against employee claims of unlawful termination and unlawful discrimination based on disability, gender, medical condition, and for failure to accommodate and prevent discrimination.
Defended a developer/homebuilder against wage claim filed with the California Labor Commissioner and additional claims alleging discrimination on the basis of race and age.
Defended a developer/property manager against employee claims of unlawful discrimination based on religion.
Following a trial alleging race discrimination, prevailed on appeal in an action filed by a minority construction worker against his employer following his termination for fighting with a co-worker
Represented a beauty products retailer in state court action against claims of wrongful discharge and pregnancy discrimination.
Represented a chemical company in federal court action filed by applicant for employment alleging race discrimination in violation of Title VII and related torts.
Represented a closely controlled family owned management company providing services to high-net worth individuals with respect to complaints of employment discrimination filed with the California Department of Fair Employment and Housing.
Represented a clothing store in employment discrimination lawsuit by employee who claimed she was terminated because of her age and national origin.
Represented a community bank in state court action alleging sexual harassment and sex discrimination.
Represented a developer/homebuilder with respect to complaint of discrimination filed by former employee with the Equal Employment Opportunity Commission.
Represented an electrical supply company in a superior court action alleging disability discrimination filed by a former employee.
Represented an employer trade association in a state court action alleging wrongful termination, defamation, and other claims by a former employee.
Represented a high-net worth individual in pre-litigation proceedings (mediation) with respect to employment and disability discrimination claims asserted by a former domestic worker.
Represented a homebuilder in conducting employment investigation and audit and follow up to claims of sexual harassment and/or gender discrimination.
Represented numerous employers with respect to Section 132a discrimination complaints filed in worker's compensation proceedings.
Defended a property management company and homeowners association in a unique federal court disability access case in which the plaintiff/homeowner asserted the right to a dedicated common area parking space.
Defended an ERISA health and welfare plan in multiple actions seeking payment of health and welfare plan benefits.
Defended an ERISA pension plan against multiple actions seeking payment of participant pension benefits.
Defended an ERISA pension plan against participant claim for benefits.
Defended an ERISA pension plan against participant class action seeking payment of pension benefits pursuant to terms of the Plan.
Defended an ERISA pension plan against participant suit seeking pension benefits and on appeal against novel interpretation of application of vacation hour contributions for vesting purposes.
Defended an ERISA pension plan in class action filed in federal court seeking pension benefits.
Represented ERISA employee benefit plans in both federal and state court actions seeking to enforce the plans' rights to recover delinquent benefit contributions.
Successfully defended an ERISA pension plan in a state court bench trial brought by a participant seeking to recover pension benefits.
Defended a restaurant against wage and hour claims.
Represented a medical practice group with respect to wage claim filed with the California Labor Commissioner.
Prevailed on summary judgment for the employer on the first WARN Act case filed in the Central District of California.
Represented a developer in defense of wrongful termination claim by manager of sales force and in prosecution of claims for conversion.
Represented a retail store owner in ADA accessibility lawsuit.
Represented shopping center owners and big box retailers in responding to disability discrimination claims (ADA).
Defended a hotel operator in claim of alleged interference with contract brought by former employees of bar operator whose contract was terminated based on the bar operator's improper conduct.
Represented an employer in obtaining a temporary restraining order against a former employee for misappropriation of proprietary company information.
Successfully defended a retail employer against one of the first California same-sex harassment lawsuits.
Successfully defended the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 before the United States Supreme Court.
Appealed on behalf of a national builder denial of petition to compel arbitration against upward of fifty homeowners that had initiated multi-million dollar construction defect lawsuit against builder. Successfully obtained reversal of trial court decision, such that homeowners were required to submit disputes to arbitration before the American Arbitration Association (AAA).
Obtained a favorable appellate decision for the respondent in an appeal awarding it attorney's fees as the prevailing party.
Represented a base material recycler to prevent the City of Los Angeles from shutting down its facility.
Represented a company that provided landbanking financing in a lawsuit filed by the owner of an adjoining farm who claimed that the development of the project site had substantially harmed his crops and would continue to do so in the future.
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.
Represented a grocery store chain in connection with counterfeit product, trademark infringement, and unfair competition claims (Lanham Act).
Represented a large cement company with respect to civil investigative demands and antitrust investigation.
Represented a textile manufacturer in connection with trade secrets claims.
Represented a travel insurance company in connection with claims that online system of purchasing policies had been misappropriated.
Represented a women's sportswear company in connection with cyber-squatting claims relating to use of company name.
Served as local counsel to a New York law firm in connection with patent infringement cases involving ground fault circuit interrupters.
Obtained an arbitration award for an LLC who sued members who failed to make their capital calls. Defended against partners' claims that the managing member had breached his fiduciary duty by employing employee in violation of wage and hour laws and then incuring substantial attorney's fees in defending and settling a lawsuit by the employee for wage and hour and discrimination claims.
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.
Commenced and resolved litigation on behalf of a building supplies manufacturer in connection with claims for unfair business practices under California Business and Professions Code section 17200 and antitrust claims arising out of the distributors' change of policy.
Defended and prosecuted unfair competition matters.
Defended several members of a limited liability company against claims for accounting, breach of fiduciary duty, and violation of Corporations Code sections 17058 and 17106 brought by another member. The plaintiff member contended that it had been denied profits obtained by the other members of the LLC. Successfully defeated an attempt by Plaintiff to freeze assets by way of a Temporary Restraining Order. Obtained favorable settlement for clients.
Settled claims against several officers and directors of a privately-held corporation in connection with two private placement investment opportunities being challenged as fraudulent.
Commenced litigation on behalf of a developer client in connection with the mismanagement of a construction project located in Southern California against developer's partners. Asserted claims for breach of contract, express contractual indemnity, and declaratory relief.
Represented managing partner and general partner of investment partnership that had invested in ancient Brazilian bonds, which the other partners contended were of no value. Other partners filed several actions for breach of fiduciary duty, fraud, negligent misrepresentation, and violation of California Corporations Code. The Securities and Exchange Commission brought an investigation under the Investment Advisors Act of 1940. Defended the managing partner and general partner from suits and investigation.
Successfully prosecuted claims for accounting involving a trust dispute and breaches of fiduciary duties.
Represented company and individuals in connection with an investigation by the Securities and Exchange Commission concerning a purported investment fraud arising out of an asserted violation of the Investment Advisor Act following the purchase of outdated Brazilian bonds by the general limited partner. Defended the individuals in SEC testimony and responded to subpoenas.
Represented two individuals contending to be "finders" in connection with bringing together investors with investments. Brought lawsuit seeking to recover the finders' fee for the transactions in which they were successful. Issues involved whether the fee was legal under the Securities Exchange Act.
Defended a condo-hotel developer in fraud and failure to register securities cases.
Defended and resolved several Securities and Exchange Commission enforcement actions and investigations.
Prosecuted and defended cross-action, resulting in favorable settlement for clients involving claims of securities litigation, partnership dispute, and fraud claims.
Represented a company and an individual in connection with an investigation by the Securities and Exchange Commission concerning purported improper reporting on public filings. Obtained a favorable resolution with the SEC.
Represented the owner of a commercial building located in Sunnyvale, California following an arbitration that resulted in below-market rent being decided upon by the arbitrator and obtained a renegotiation with tenant for a more favorable rental value.
Prosecuted several commercial unlawful detainer actions.
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.
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.
Obtained summary judgment of fraud and securities claims brought by purchasers of units in a hotel-condominium project against the owner/developer of the project. Obtained a $1.2 million award of attorneys' fees and costs following entry of judgment.
Assisted with drafting successful appellate brief in a construction defect case, resulting in confirmation of an arbitration award in favor of client after trial court refused to confirm the award based on a claim that the arbitrator had exceeded his authority.
Second-chaired trial regarding interpretation of a CAM provision contained in a commercial lease on behalf of property owner.
Successfully obtained writs of attachment, judgments, and settlements against commercial tenants for failure to pay rent. Completed judgment debtor proceedings to locate assets to satisfy judgments.
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.
Defended a general partner in a partnership dissolution action brought by spouse of former partner.
Obtained a favorable settlement for a landlord client in a breach of contract action to recover amounts from original lessor after assignee to lessor defaulted and breached lease.
Defended a landlord in breach of lease agreement arising out of the alleged breach of an exclusive use clause. Employed successfully strategy invoking indemnity clause in client's favor and obtained favorable settlement.
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.
Defended a Canadian technology company in Atlanta federal court in a dispute involving the installation of custom billing software for a US electric membership corporation. Prepared the successful summary judgment motion which defeated plaintiff's $8 million claim.
Defended a Fortune 500 company and its various subsidiaries in a dispute involving installation of a wireless network in Africa. Defeated plaintiff's claim at summary judgment stage. Succeeded on unjust enrichment counter-claim against plaintiff.
Litigated a copyright infringement case in the Northern District of California on behalf of a photographer over the rights to a photograph of an icon celebrity. Resolved the case in mediation.
Co-chaired bench trial in federal court in Virginia defending national defense contractor against national brokerage houses claiming fees related to a company acquisition.
Litigated antitrust claims in the Eastern District of California on behalf of car dealers nationwide against the car manufacturing company for price-fixing of computer hardware and software.
Negotiated a buy-sell agreement of a business with a non-compete tail as part of settling a nasty lawsuit between two partners in a general partnership.
Represented a limited partner against the general partner in five partnerships that operate airplane hangars in Nevada and California, and negotiated a settlement that resulted in our client acquiring control of all partnerships.
Represented a company in suit brought by investor alleging fraud/misrepresentation against company and officers.
Successfully negotiated lease amendments and stipulations for entry of judgment for possession with tenants on behalf of developer to remove commercial tenants from the Oakland Army Base in advance of the City of Oakland's redevelopment of 170 acres into a business and port logistics center.
Represented a restaurant tenant against landlord in dispute relating to commercial lease, CAM charges, and operating expenses.
Represented the City of Oakland and developer in complex unlawful detainer proceedings against commercial tenants in connection with redevelopment of the Oakland Army Base. Recovered possession of 100+ acres along with monetary relief.
Represented borrowers in case brought by junior lender alleging fraud/misrepresentation involving property foreclosed on by senior lender.
Advised the owner of numerous apartment complexes regarding disclosure obligations to tenants, including obligations when known sex-offender resides in or near complex as required by Megan's law.
Obtained summary judgment in favor of an occupant of rental property who was forced to vacate the space prior to execution of the lease as a result of an improper venting system used to vent acetone fumes from an adjacent tenant.
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.
Obtained successful writ from decision of trial court refusing to enforce judicial reference provision in purchase and sale agreements between developer and homeowners.
Obtained a walk-away settlement in favor of a developer who had entered into a joint venture with another major developer to build several large communities in San Joaquin County that was being accused of various intentional torts and contractual claims.
Obtained judgment in favor of developer defendant following demurrer to claim seeking to invalidate a purchase and sale agreement to which plaintiff was not a party on the grounds that developer purportedly violated unfair competition" statutes for including a judicial reference provision.
Represented defendants in claim by law firm that defendants engaged in a scheme to communicate with, solicit and steal actual and potential clients represented by the firm in a construction defect case and sought damages for intentional interference with contractual relationship, intentional interference with prospective economic advantage, conspiracy, violation of California Business and Professions Code Section 17200, and injunctive relief.
Obtained judgment in favor of the owner of substantial office, commercial and industrial space, in a case brought by tenants challenging the ability of landlords to pass on increases in property taxes of about $40 million to tenants when properties are sold.
Represented a landlord public pension fund against commercial tenant in unlawful detainer action.
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.
Represented a client in connection with an FTB audit.
Settled a multi-million dollar dispute following filing of a Rule 56 summary judgment motion on behalf of large property owner in dispute with IRS for unpaid income/capital gains taxes based on purportedly unlawful tax shelter.
Represented a defendant manufacturer in a Robinson-Patman Act price discrimination case involving the recreational vehicle industry and the sale of accessories.
Litigated antitrust claims on behalf of vehicle dealers nationwide against national car manufacturer.
Litigated a copyright infringement case brought on behalf of a photographer over the rights to a photograph of a celebrity.
Represented car dealers nationwide in litigation of antitrust claims in the Eastern District of California for price-fixing of computer hardware and software.
Defended a company in suit over price fixing in the sorbates industry.
Represented the defendants in a price-fixing conspiracy case, including appeals and petition for certiorari.
Represented the plaintiff class alleging price fixing involving Ford dealerships.
Represented various nail polish manufacturers in a case over market sharing and anti-competitive collusion in the sale of perfumes.
Counsel for the target in defense of three class actions brought in California and Delaware seeking to block a merger between two high-tech companies.
Trial counsel in Delaware Chancery Court in Selectica, Inc. v Trilogy, Inc. and Versata Enterprises, the first case involving the intentional triggering of a "poison pill" in nearly 25 years, successfully upheld by the Delaware Supreme Court.
Lead trial counsel for defendant in a case in the Eastern District of Virginia over demands for repurchase of mortgages brokered and sold to Fannie Mae involving misrepresentation by borrowers.
Represented a nationally recognized artist in copyright infringement case in the Northern District of California over the rights to a photograph of an icon celebrity.
Represented a club and hotel chain owners in a class action dispute over membership rights.
Represented a company in a securities fraud case over representations in offering materials.
Represented bank as trustee for bondholders in a case involving suspicious loans and bond offerings used to finance a failed real estate development for a church.
Represented the CFO in securities cases involving allocations in IPOs.
Represented an individual officer in connection with consolidated securities cases and related state court proceedings arising out of accounting restatement concerning fictitious sales, including representation before the SEC.
Represented a major oil company in a two-year long battle between three majors and the State of Alaska over the unitization of the Prudhoe Bay oil and gas fields worth $30 billion.
Represented a manufacture in a termination case involving theft of trade secrets, interference, and breach of implied covenants.
Represented a manufacturer in a termination case involving a Hong Kong distributorship.
Represented a national defense contractor against national brokerage houses claiming fees related to a company acquisition.
Represented selling shareholders over post-merger earn-out and other provisions of a merger agreement.
Represented the issuer in a stock drop and insider trading case including representation before the SEC in SEC investigation.
Represented the plaintiff in a case that resulted in a $30 million verdict against NSC involving the rights to a computer chip.
Represented a retirement association in a dispute over statewide interpretation of pension rights in the public sector.
Trial and appeal in defense of manufacturer against claims in excess of $350 million by a terminated representative arising out of government contract.
Trial on behalf of manufacturer as plaintiff in a fraud and racketeering case arising out of profit skimming.
Nationwide case involving access to the various U-Haul facilities across the country.
Represented developer in a series of access cases brought against tenants of a major shopping center.
Represented developer in an access case brought under the Americans with Disabilities Act (ADA).
Represented hotel chain in a series of cases involving compliance with the American with Disabilities Act (ADA).
Successfully settled a multi-party dispute on behalf of a concessionaire at a major sports complex, arising over improvements designed to accommodate the rights of the disabled.
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 companies in the music industry in a long-running battle with the State of California over unitary taxes stemming from the sale of Beatles albums.
Represented the Mayor of San Francisco in a taxpayer's suit alleging misfeasance and malfeasance in office.
Represented a national hotel chain in a class action securities case in the Southern District of California, where the monetary exposure totaled more than $100 million. Caused dismissal of the case at the district court level and obtained decision from the 9th Circuit confirming dismissal.
Defended an action brought under the Uniform Trade Secrets Act against a major manufacturer of copy machine components.
Obtained a unanimous jury defense verdict in case by licensee of Johnson & Johnson alleging over $80 million dollars in damages for the purported misappropriation of trade secrets by a Canadian medical device company
Represented the plaintiff in antitrust action against the manufacturer of computers over discriminatory allocation of product.
Represented the plaintiff in antitrust action against the manufacturer wheels based on allocation of high strength steel.
Local counsel for defense of a Russian clothes designer defendant in claim of alleged trademark infringement.
Obtained 8-figure settlement upon the completion of opening statements for developer of computer program stolen by former employees.
Obtained dismissal for defendant in claim of patent infringement over development of data storage device.
Obtained favorable settlement for Israeli-based designer and manufacturer of reusable plastic containers over a claim that the totes were the result of a theft of trade secret.
Obtained jury verdict in favor of client defendant alleging a theft of a customer list.
Represented a clothing manufacturer in action against another manufacturer for confusing similar labeling.
Represented the defendant in antitrust action against the end user class on functionality of dedicated computer system.
Represented a manufacturer of specialty battery packs for airplanes in claim of false representation as to origin.
Represented a manufacturer of specialty wheels in claim by competitor over "palming off" wheels with false designation of origin.
Represented a patent holder of desalinization process against design infringer.
Represented the plaintiff in the theft of source code relating to operating system.
Represented the purchaser of contractor manufactured computers alleged to be defective. The case invoked the right to cure and the damages under Article 2 of the UCC. Ultimately settled for a several million dollar payment to our client.
Represented the developer of a unique breathing apparatus for deep sea diving against a claim for patent infringement.
Represented the owner of a cutting edge designer of speaker sound system against competitor for theft of technology.
Obtained appellate decision for California utilities in an appeal of an order of the Federal Power Commission.
Obtained favorable appellate decision for appellant in case involving failure of court to confirm or correct and confirm arbitration award on the purported grounds that the arbitrator exceeded his authority by adding parties to the arbitration who had not executed post-dispute arbitration agreement.
Obtained appellate decision in favor of former partners in a law firm accused of fraudulent conveyance.
Represented appellee in appeal of federal court order of governmental liability.
Represented clients in successful writ and appeal on a parking covenant.
Represented the prevailing developer in Salameh, et al. v. Tarsadia Hotels, et al. (Case No. 11-55479), in which the Ninth Circuit affirmed the dismissal of the plaintiffs' security and common law fraud claims finding that they did not allege sufficient facts that would demonstrate that the condominium-hotel units at issue constituted a "security." This was the first Ninth Circuit published opinion to address squarely whether the sale of a condominium-hotel unit constitutes the sale of a security and the 9th Circuit concluded that it did not.
Prosecuted a securities fraud case against a failed Real Estate Investment Trust (REIT).
Settled on favorable terms claims for breach of contract and breach of fiduciary duty brought by a hotel operator against a high profile bar operator following favorable rulings during the bench trial phase and following commencement of jury phase of trial.
Handled numerous Article 2 and Article 9 cases under the Uniform Commercial Code.
Represented a major title insurer in connection with an alleged botched title search to two square miles of farmland.
Represented a municipality before the Federal Power Commission concerning allocation of natural gas to the contiguous western states.
Represented a municipality before the Public Utilities Commission regarding EIR certification for a light rail line.
Represented a municipality in the contingency plans for oil shortages before the Public Utilities Commission.
Represented a medical device manufacturer in 20 actions for breaches of medical leases of sophisticated blood analyzers.
Represented the owner of three casinos in action to maintain control over gambling license issued by the State of Nevada.
Represented the plaintiff in a claim for contribution of partner to loss on operations of company.
Defended a developer in a fraud and failure to register securities case.
Defended a major computer company relating to claim of fraud and false advertising.
Defended a major peripheral manufacturer on claims of breach of contract as a breach of the covenant of good faith and fair dealing.
Defended a RICO claim against a major title company in connection with an alleged Ponzi scheme.
Defended the officers of a failed multi-level marketing organization.
Defended the organizers of a failed savings and loan.
Represented a major California utility on a claim under the commercial code relating to the construction of a water project.
Represented the FDIC in the closure and resulting litigation of three multi-branch banks.
Defended an action by disgruntled and unsuccessful corporate raider against publically traded company .
Defended an action by ex-employees over funding and rights to ERISA plan and ESOP program.
Defended corporate opportunity and fiduciary duty claim arising out of a failed corporate takeover.
Obtained dismissal for individual seller of large advertising agency in a claim by the purchaser alleging fraud in the financial statements upon which it relied.
Obtained favorable settlement for nominal damages for timeshare developer in the defense of Consumer Legal Remedies Act claim by all persons injured by misrepresentations of sales people of fractional interests.
Obtained a judgment by stipulation for a sophisticated seller of blood analyzers alleged to be in default under a purchase and sale agreement invoking the UCC.
Obtained a jury verdict for a proprietary department of the City of Los Angeles on a Section 2306 claim relating to output and requirements contracts.
Obtained a multi-million dollar settlement in favor of a purchaser of contractor manufactured computers alleged to be defective in suit for damages under the UCC.
Represented the aggrieved partner in a successful judicially enforced winding up of partnership
Represented a claimant against former company for breach of investment contract.
Represented a corporation that outsourced technical support in dispute with outsourcing company over taking the project in house.
Represented a defendant in 10b-5 securities fraud class action.
Represented a large publically held REIT in a hostile takeover of 38 properties in 7 states held by both publically traded and privately held REITS.
Represented the lessor of high-end blood analyzers in action against lessee involving Article 9 public sale after foreclosure. Successfully repossessed and sold security at public sale.
Represented plaintiff in a breach of distributorship agreement for the sale and installation of dish television.
Represented plaintiff in claim for contribution of partner to loss on operations of company.
Represented stock purchaser in hostile takeover of a public traded company.
Represented the plaintiff in an action against Mexican company accused of failing to pay for delivered merchandise.
Obtained dismissals of non-mortgagor promisors under a Preferred Ship Mortgage brought be a quasi-governmental unit. (Production Credit Association).
Represented the plaintiff in an action against a middle man wholesaler of branded shirts.
Represented a management company in dispute with HOA over duty of management company to repair construction defects on decking of 84 high-end condominium units.
Defended a developer of high-rise condominiums in action by restaurant lessee claiming right to continued occupancy.
Represented a landlord against commercial tenant in unlawful detainer action.
Represented the owner of a food store who successfully challenged landlord approving a competing tenant.
Represented the owner of billboard against commercial tenant.
Represented owner of office building to enforce a 30-year old reciprocal parking easement.
Represented the owner of shopping center in dispute with lessee over duty to fund offsite improvements.
Unlawful detainer against a golf driving range based on access issues.
Unlawful detainer against a restaurant owner by owner of underlying property.
Unlawful detainer against a restaurant owner by owner of underlying property.
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.
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.
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.
Represented purchaser as tax deed sale of multiple units against owners of other units regarding partition of interests.
Represented timeshare developer in a dispute with the local toll road authority over the amount of the special assessment based on square footage as opposed to occupancy.
Assisted in obtaining summary judgment of fraud and state securities law claims asserted by purchasers of units in a hotel-condominium project against the owner/developer of the project.
Assisted in obtaining favorable settlement for developer of multi-million dollar mixed-use development against general contractor for construction defect and delay claims.
Second-chaired a judicial reference proceeding on behalf of a commercial landlord against a nationwide drugstore tenant in lease interpretation dispute regarding rent calculation and obtained favorable decision.
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.
Represented one of the country's largest parking operators in litigation brought by a competitor alleging unfair competition and unfair trade practices in connection with our client's having taken parking concessions away from that competitor in the Sunset Strip area. Obtained a preliminary injunction against the competitor's use of disputed parking spaces in the area, and subsequently won summary judgment dismissing all of the competitor's claims against our client.
Represented respondent in an appeal from a judgment of specific performance requiring appellant to convey its real property to respondent in accordance with their binding written agreement.
Represented appellant over to reverse court's improper award of prejudgment interest on judgment.
Represented an investor who turned a struggling clothing and accessories company into a multi-million dollar phenomenon, and prevailed against one of the founders of the company to establish our client's 100% ownership.
Negotiated a series of settlements for a national franchisor of auto repair shops in a suit brought by the State of California for improper consumer practices.
Negotiated favorable settlement following commencement of arbitration on behalf of subfranchisor of restaurant chain alleging various grievances against the franchisor.
Obtained a default judgment for over $12 million in favor of our client against another member of a limited liability company which promised to contribute land which it owned, free and clear of debt, to their limited liability company so that they could build a large project on this land.
Obtained an injunction against the use of our client's name as part of fraudulently recorded "fictitious business names" in a scheme to create, and convert the proceeds from, phony loans against real property owned by uninvolved strangers.
Represented a general partner in dispute brought by other general partners for purported damages based on actions taken by her as the controller of another entity and for an order directing that she be expelled from the partnership because she allegedly improperly refused to consent to the proposed sale of the partnership's principal asset.
Represented an entity and its principal who had entered to an agreement to become a partner in an entity which owned an apartment project. The partnership agreement was silent as to whether our client was a general partner with personal liability for the partnership's debts, or instead was only a limited partner without personal liability for the debts. After trial in Federal Bankruptcy Court, we prevailed on all issues and prevented our clients from being held liable for the partnership's sizable debts.
Represented the general partners of a limited partnership in claim against partnership and other general partners for claim of overpayment of their share of partnership expenses.
Represented an owner of partial interest in several buildings against co-owner to resolve on-going issues, including allegations of elder abuse, defamation and intentional infliction of emotional distress.
Represented a property owner in obtaining a judgment for fraud and RICO, including treble damages, against a general contractor and its principals who fraudulently obtained purported reimbursements from the project's construction loan for hundreds of thousands of dollars in governmental fees which were never actually paid. Succeeded in obtaining Arbitration award, having that award confirmed as a Superior Court judgment, having the award sustained unanimously by the Court of Appeal, and persuading the California Supreme Court not to grant a hearing.
Negotiated a settlement in favor of a limited liability company whose members had previously invented a hi-tech electronic motion detecting device which replaced bulky gyroscopes in aerospace applications and eventually became ubiquitous in brake and stability systems in passenger cars.
Obtained a jury verdict for breach of contract in favor of a multi-tenant "jewelry mart" building against tenant who refused to pay his rent.
Obtained a trial verdict in favor of a bank that had purchased a retail and commercial building which it intended to convert entirely to its own uses as a bank branch and offices.
Obtained a trial verdict in favor of the ground lessor of a large condominium project which had a dispute with the ground lessee over the re-setting of ground rent pursuant to appraisals of the property.
Obtained a verdict in favor of our client, the lessee under a long-term ground lease, in a dispute with the lessor as to whether, for purposes of our client's purchase option under the ground lease, the valuation of the subject property should take into account the economic effect of the remaining term of the ground lease itself.
Obtained judgment in favor of the owner and ground lessor of two commercial centers in Newport Beach in an arbitration to re-set ground rent based upon a complex formula which included not only the value of the land, but determinations of what the ground lessees' income should be from their projects.
Obtained successful plaintiff's verdict in case by commercial landlord against tenant and tenant-guarantors over failure to pay rent. Obtained judgment for rent, interest, and attorney's fees, for virtually all amounts sought by landlord.
Renegotiated lease with favorable terms to landlord as part of settlement of a rental dispute on behalf of landlord with billboard lessee over obligation to pay rent following purported claim by lessee that its billboard was obstructed by new construction of mixed-use project.
Represented a major owner of office and retail properties, in a suit against a restaurant tenant in one of its shopping centers for breach of lease for nonpayment and unlawful detainer.
Represented a tenant in a dispute against its landlord which refused to honor an option that allowed the tenant, under its lease, to leave after only half the lease term provided it reimbursed the landlord for the unrecouped portion of the tenant improvements which the landlord had installed.
Represented a ground lessor in a ground rent revaluation arbitration which ultimately fixed the new rent at the amount which our client claimed to be owed. Successfully had the arbitration award confirmed by the Superior Court as a judgment setting forth that new rent amount, even though the deciding-vote neutral arbitrator had refused to find for that amount and instead voted that the amount should be a compromise between out client's position and the ground lessee's position. As a result of the decision, the increased amount of rent due our client over the succeeding rental period was over $1 million higher than it would have been under the valuation being asserted by the ground lessee.
Successfully tried and arbitrated many cases involving the valuation of hotel, office, and parking properties. Issues adjudicated included legal impact on valuation of changes in zoning, allowable densities/FAR, parking covenants, restrictions on use, operating covenants, and transport impact assessment fees.
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 would-be 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.
Obtained favorable settlement for the owner of a large regional mall sued by several tenants who were disputing pass-through charges for real property taxes and assessments to the extent those charges included special taxes to repay Mello-Roos bonds which had been issued to build a parking structure, new access roads, and public plaza areas.
Negotiated favorable settlement in an action brought by an executor to recover all of the monies which had been paid in royalties to a deceased member's widow contrary to a will which surfaced thirteen years later that left the royalties not to the widow, but to the deceased member's children.
Obtained favorable settlement in a will contest action brought by children of a well-known entertainer who were dissatisfied with what they believed to be bequests which were inadequate compared with their father's estate.
Pursued an oil and gas broker on claims that he had underpaid the trusts of a deceased movie star and his widow for natural gas taken from their fields and recovered a favorable settlement on behalf of our client.
Advised owners of real property regarding means to transfer significant interests in properties without incurring a property tax reassessment (resulting in significant annual property tax savings to the clients and transferees).
Assisted clients in selling assets to grantor trusts that ended up providing millions of dollars in immediate transfer tax savings (and will continue to provide estate tax and generation-skipping transfer tax benefits in the future, assuming such taxes are not repealed).
Assisted clients with premarital and postnuptial planning.
Petitioned a court on behalf of a corporate fiduciary client to obtain judicial reformation of a trust and secured a favorable Private Letter Ruling resulting in a savings of millions of dollars in generation-skipping transfer taxes to the trust.
Secured exempt status for charitable research organization whose grant of exemption was challenged by IRS.
Structured business succession plans for clients with complex business holding/entity structures.
Structured charitable pledges.
Successfully settled and secured favorable court rulings in various cases involving fiduciary-beneficiary disputes and trust and will contests (including negotiating a global settlement among seven litigating beneficiaries).
Worked with clients to petition courts to correct scrivener errors and/or clarify ambiguities in irrevocable trusts.
Represented the developers/investors in $150 million tax refund lawsuit in federal court and obtained very favorable settlement for the clients.
Ongoing representation of the plaintiffs in professional negligence lawsuit against large international accounting firm seeking more than $20 million in damages.
Defeated a challenge to plan approvals challenging compliance with State Density Bonus laws on behalf of master developers.
Represented a film technology company as local counsel in a federal court action alleging patent infringement with respect to the colorization of black and white films.
Defended a construction company in a dispute over the legal fees of the company's former law firm.
Defended a developer/homebuilder against complaints of housing discrimination based on familial status filed with the Department of Fair Employment and Housing (FEHA) and HUD.
Defended a homebuilder against claims of fair housing discrimination filed with HUD.
Defended a homebuilder against Fair Housing Act (FHA), unfair competition, and racial discrimination claims brought by prospective buyer.
Defended a resort development company in federal court action alleging violation of the accessibility requirements of the American with Disabilities Act (ADA) and California's Unruh Act.
Represented an apartment owner and developer in fair housing discrimination action filed in federal court by disabled tenant.
Represented an apartment owner and developer in state court action filed by a tenant alleging housing discrimination.
Represented developer in a federal court action filed by a "repeat" plaintiff alleging violation of the accessibility requirements of the Americans with Disabilities Act (ADA).
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.
Represented the appellants in appeal of trial court's decision over arbitrability of dispute and enforceability of buy-sell provision through arbitration as set forth in operating agreement.
Represented a national bank in claim for damages for breach of indemnity contract based on solicitation of merchants to enter into merchant agreements.
Negotiated a settlement on behalf of a partner in a joint venture based on an oral agreement alleging claims of breach of contract, breach of fiduciary duty, accounting, conversion and fraud.
Represented a partner in oral partnership in suit for breach of contract, breach of fiduciary duties, etc. for other partners refusal to contribute funds to cover losses from various projects.
Successfully guided clients on numerous projects throughout the U.S. in the exercise of their contractual rights to take control of projects, terminate their JV partners/participation rights and/or structure a buy-out of a JV partner's rights. The key issues centered around our clients' rights under buy/sell provisions, capital calls, one or more failures to meet project milestones, financial projections no longer viable, cost overruns, loss of critical project personnel and the enforceability of guaranties.
Negotiated a settlement in favor of a shopping center owner and restaurant operator of a sports-themed restaurant against claims by another tenants that its co-tenancy clause requiring a "high scale restaurant" in the shopping center had purportedly been violated.
Obtained summary judgment holding in client's favor on commercial lease dispute in which the tenant asserted breach of lease and constructive eviction for: (i) landlord's use of the vacated space for landlord's own purposes; and (ii) landlord's refusal to negotiate a potential sublease for an alternate use of the space.
Recovered approximately $2 million for water damage and remediation costs resulting from national property manager's failure to timely respond to widespread water intrusion and mold growth.
Obtained a favorable jury verdict for a REIT landlord against a biochemical research company tenant who had failed to decommission a radioactive materials license issued by the Department of Health Services. Also obtained prejudgment writ of attachment.
Arbitrated the value of high-rise office property in Westwood.
Litigated the valuation of industrial property used for port operations in the City of Wilmington.
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 on-shore 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.
Handled property tax challenges throughout the state (in negotiations with assessors, at board hearings and in subsequent court proceedings), with value differentials for individual projects exceeding $300 million.
Represented a large national retail mall at the assessment appeals board on issues of escape assessment and valuation of new construction.
Represented the developers of a Los Angeles shopping center in an action brought by disgruntled investors. Successfully demurred to the plaintiffs' shareholder derivative claims.
Represented the owner of a golf course in a wrongful death action involving the death of a trespasser. Drafted letters to the plaintiff's counsel that caused the plaintiff to dismiss the owner from the action prior to engaging in any formal discovery.
Represented a Beverly Hills commercial landlord in an action for breach of lease, constructive eviction, and trespass. Drafted and won a defense motion for summary adjudication that resulted in the dismissal of the tenant's claims.
Represented property owners, commercial landlords, and general contractors in construction claims cases.
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.
Represented the appellants in appeal to overturn injunction of housing construction based on invasion of privacy claims.
Represented the beneficiaries in partition action of estate lands.
Represented a commercial property owner with respect to easement dispute with adjacent developer. Obtained favorable settlement.
Obtained an injunction in favor of shopping center owner against group protesting development.
Represented an office building owner against tenant law firms regarding habitability issues and breach of lease claims (multiple attachments obtained).
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.
Successfully settled property owners of shopping center developments, residential apartment complexes and single free-standing businesses on numerous occasions involving lawsuits under the Americans with Disabilities Act (ADA).
$1.8 million jury verdict for stigma damages after remediation of a contaminated site. This is believed to be the first verdict of its type involving stigma damages on a remediated site.
Obtained summary judgment and award of attorney's fees in favor of a major developer with regard to a claim by a restaurant franchise, that allowing a Chili's to operate on an adjoining site, also owned by the developer, constituted a breach of the implied covenant of good faith in the lease by allowing a direct competitor to lease an adjoining site.
Obtained a court judgment in favor of the ground lessor in a dispute with a major pharmaceutical company regarding the calculation of rent.
Obtained dismissal following opening statements in favor of an owner of a "smart" building in a claim by the single tenant regarding the amount of rent due.
Obtained substantial judgment in favor of institutional investor landlord and against professional services firm tenant for failure to pay rent, defeating asserted defenses of failure to mitigate and failure to reasonably approve proposed sublessee.
Represented a ground lessor in a dispute involving interpretation of the ground lease. We prevailed in the trial court and on appeal and the ground lessor received a high valuation of the property and significant rent based upon 10% of the valuation.
Represented a landlord in bench trial for declaratory relief over the interpretation of identical provisions in two ground leases relating to the manner in which the rental amount was to be calculated for the first option renewal period.
Successfully obtained an arbitration award involving fair rental value of premises during a lease renewal term awarding the owner an additional $12 million over the remaining term of the lease.
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.
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 favorable decision following a bench trial on behalf of the managing member in an action brought by a minority member claiming he was not bound by the terms of an operating agreement he did not sign and had no capital contribution obligation in the limited liability company.
Defended a country club in litigation brought by member over club's decision to suspend member for inappropriate conduct.
Defended a country club in litigation with high profile member over club's alleged failure to return initiation fee on termination of membership.
Negotiated a settlement in favor of landlord for damages caused by abandonment of high-end art gallery tenant before filing suit.
Represented a commercial landlord in dispute with large retail shopping center tenant over rent adjustments based on co-tenancy provision in lease and successfully negotiated a settlement before commencing litigation.
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.
Negotiated property tax modification on behalf of property owner based on erroneous assessment by Los Angeles County Property Tax Assessor's Office.
Represented a public entity client in month-long trial of eminent domain action for the condemnation of substantial acreage that owner was in process of entitling for residential development; successful defense motions in limine at trial court level on issues relating to highest and best use, severance damages, and stigma damages.
Represented a real party in interest developer in CEQA case involving challenge to city's negative declaration for a housing project.
Represented a property owner in an eminent domain action, obtaining an opinion from the Court of Appeal upholding the right of the property owner to present evidence to the jury on more than $2 million in damages to the property – reversing a ruling by the trial court.
Obtained summary judgment for hospital association in connection with City of Inglewood's grant of special use permit to build psychiatric facility. Court of Appeal affirmed.
Represented amicus curiae in CEQA case involving issue of whether EIR prepared by project applicant's consultant could be adopted by lead agency. Court of Appeal upheld lead agency's decision.
Represented a developer in connection with CEQA challenge to the issuance of a building permit for the construction of a proposed office tower. Court of Appeal reversed trial court's decision not to grant preliminary injunction.
Represented a real party in interest developer in case involving city council member's CEQA challenge to City of Los Angeles approval of ordinance authorizing construction of office complex. Trial court held petitioner lacked standing and court of appeal affirmed.
People of the State of California v. BBC Properties, County of San Bernardino Superior Court, Case NO. SCVSS 104541. In this matter, Caltrans initiated this eminent domain action to acquire property to widen the 210 Freeway near Rialto. The Caltrans appraiser valued the property at $72,500 and the matter settled shortly before trial for $1,620,000.
Metropolitan Water District of Southern California v. Campus Crusade for Christ, Inc., County of San Bernardino Superior Court, Case No. SCV35498. Represented the Metropolitan Water District of Southern California through trial and appeal to the California Supreme Court in this extremely complex eminent domain matter involving the acquisition of property for the Inland Feeder project.
People of the State of California v. June H. Schanbacher-Lindquis, San Mateo County Superior Court, Case Numbers CIV 452016 and CIV 452018. Represented the owner of property located on the east side of SR 1 in San Mateo County. The property was sought by the State for a new alignment of SR 1 through the "Devil's Slide" area. The initial offer by the State was $1,022,900. The matter ultimately settled for $3,018,000.
County of Riverside v. Morita, Riverside County Superior Court, Case No. RIC 398757. In this matter, the County of Riverside sought property for a park. The County's initial offer for the full take was $1.3 million. The matter ultimately settled shortly before trial for $3 million.
City of Lake Forest v. Buchheim Properties I, et al., Orange County Superior Court, Case No. 04CC06207. Represented the ground lessee of property sought by the City of Lake Forest for a highway improvement project. The primary issue addressed in this matter was the allocation of the just compensation between the lessor and lessee. The initial settlement offer was $30,000 and the final settlement was for $929,403.
San Gabriel Redevelopment Agency v. Liu, Los Angeles County Superior Court Case No. BC 325199. Represented the owner of a shopping center sought by the Redevelopment Agency for redevelopment. The initial offer by the Agency was $3.9 million. The matter settled shortly before trial for $4.45 million.
City of Los Angeles v. Chen, Los Angeles County Superior Court Case No. BC 301998. In this matter the City of Los Angeles filed an eminent domain action to acquire property for a fire station. The City's initial offer was $3.15 million and was settled prior to trial for $4.2 million.
City of Oakland v. Oakland Raiders. Represented the Los Angeles Coliseum Commission in this very different eminent domain action brought by the City of Oakland to force the Raiders to return to Oakland from Los Angeles. The representation included trial and three hearings before the Court of Appeal and ultimately resulted in the decision of the Court of Appeal in City of Oakland v. Oakland Raiders,174 Cal .App. 3d 414 (1985), upholding the trial court's decision barring the City of Oakland from acquiring the Raiders since the action violated the commerce clause of the United States Constitution because the Raiders were a business engaged in interstate commerce.
Distribution Warehouse Project. Represented large retail company in connection with the development of a 3,360,000 square foot distribution warehouse in the city of Rialto. The firm represented the distribution warehouse developer during the property acquisition and entitlement process, including the preparation of an EIR for the project and defending that EIR when it was challenged. The lawsuit was settled on favorable terms for our client.
Represented amicus in defense of a project challenged under CEQA.
Defended a developer against claims under CEQA and the Subdivision Map Act challenging approval of final maps.
Successfully defended dismissal of a CEQA and Subdivision Map Act petition challenging the approval of final maps.
Successfully defended a developer against claims under CEQA and the Water Supply Assessment Act alleging that the water supply assessment was inadequate.
Represented client in a challenge to a negative declaration issued by the CalTrans for a culvert project. Obtained favorable settlement for client that included partial payment of attorney's fees and rescission of negative declaration.
Successfully defended a developer against claims under CEQA and the Subdivision Map Act challenging approval of final maps.
Successfully defended, at both the state trial and appellate court level, a regional habitat conservation plan challenged under CEQA, CESA and the federal ESA.
Successfully defended, at both the trial court and appellate court level, a public agency's programmatic environmental impact report that was challenged on numerous issues, including alternatives, water quality, and EIR recirculation.
Represented a developer in a $40 million dispute against owner relating to owner's termination of developer under development agreement.
Represented 120 landowners in action against various public entities over the flooding of their development by Sespe Creek when it overflowed.
Represented various land title companies over interpretation of the Federal Statute entitled Swamp & Overflow Act of 1852.
Represented a water district in the adjudication of a water basin against 2,617 defendants and obtained stipulated judgment and water allocation among the owners.
Represented a water district in the successful adjudication of the respective rights of overlying and appropriative users of a water basin.
Successfully defended a client in claim by the government relating to boundary lines and riparian rights.
Represented a landowner in lawsuit against the County of Santa Barbara concerning improper actions under the Brown Act.
Represented a landowner in CEQA/Planning and Zoning lawsuit brought to challenge entitlements for residential development on the coast of Santa Barbara.
Obtained favorable settlement for developer that had entered into a Memorandum of Understanding with the Redevelopment Agency of the City of Montebello whereby they were going to enter into a formal Development Agreement but did not because they Agency alleged the developer had breached the agreement
Obtained favorable settlement for developer, which had entered into a Development Agreement with the City of Pomona and the Redevelopment Agency of the City to build a retail project.
Advised a developer in response to litigation challenging adequacy of water supply assessment.
Assisted landowners in securing entitlements for a 1.5 million square foot retail project in the City of Livermore. Obtained trial court victory in CEQA, Williamson Act, and Community Facilities District litigation filed against the project by neighboring commercial landowners.
Defeated CEQA and Water Supply Assessment Law action challenging mixed-use development project.
Defeated challenge on behalf of master developers to plan approvals challenging compliance with State Density Bonus laws.
Obtained favorable trial court ruling for client defending CEQA challenge by competing business owners.
Represented a developer in the development of a 140,000 square foot commercial center, including CEQA litigation.
Represented a developer of a water-oriented master-planned community consisting of 11,000 homes, several million square foot employment center, and golf courses, eco-restoration, and other recreational amenities on an approximately 5,000 acre tract in the San Joaquin Delta. Representation included environmental review securing land use entitlement, and defending the project, including earlier proposals, from multiple CEQA compliance lawsuits.
Represented developers in the development of a 1,000-home golf course community in the City of Vacaville, including environmental review and securing project entitlements as well as defending the project against a referendum effort and litigation from several opponents.
Represented an engineering firm in multimillion dollar claims arising out of construction of a cap on a former landfill site together with a new municipal golf course. Case involved novel issues of dredge spoils reuse and settled following partial summary judgment victory.
Represented a county in defense of multi-party CEQA action alleging inadequate water supply analysis.
Represented a group of developers with projects in Rancho Cordova against challenge of federal approvals on NEPA, Endangered Species Act, and Clean Water Act grounds.
Represented homebuilders with residential projects in the Sunrise Douglas Community Plan Area in the City of Rancho Cordova in connection with challenges brought under NEPA, the federal Endangered Species Act, and the Clean Water Act.
Represented the a city in both state and federal court in connection with challenges brought by environmental groups under CEQA, NEPA, and the California and federal Endangered Species Acts.
Represented the University of California in the state and federal natural resource permitting for the 10th UC campus to be located on vernal pool grassland habitat in Eastern Merced County.
Oak Grove Planned Development. Represented a developer in response to a referendum drive against the project. Successful pre-election challenge at trial court level litigation against the City Clerk of Pleasanton and referendum proponents, temporarily preventing the presentation of the ballot measure to the voters. Reversed on appeal.
Fagan Canyon Specific Plan. Represented a national homebuilder in a proposed 2,000 home project subject to referendum by local opponents. Initiated litigation against the referendum petition, and prepared competing a ballot measure to establish legislative approvals for the project.
Represented a residential developer client in litigation against municipality for breach of development agreement, Section 1983, and inverse condemnation, arising out of municipality's refusal to approve sewer plans on what were alleged to be trumped up grounds; marshaled evidence of government corruption to achieve substantial settlement largely in the form of reduced permit fees and beneficial entitlement arrangements.
Represented an industry association in an action against the Bay Area Air Quality Management District's adoption of new CEQA thresholds, which are widely regarded by expert planners as an obstacle to the goals of encouraging infill and transit oriented development.
Defeated a federal Endangered Species Act challenge to 17,000 acre habitat conservation plan on behalf of city.
Represented a property owner challenging a NEPA categorical exclusion determination by the Bureau of Reclamation for a fishery enhancement project with adverse impacts on other resources as well as a local agency EIR and state agency categorical exemption for related projects.
Represented a company in an action seeking fines for alleged lime spill. Preemption of state fines affirmed on appeal.
Represented a developer of a 500 acre residential hillside project in the Town of Moraga, Contra Costa County, including defense of litigation filed by neighboring city over earlier agreement.
Represented a homebuilder in CEQA lawsuit brought to challenge entitlements to a large residential specific plan and obtained petition for writ of mandate.
Successfully challenged DIR determination regarding the status of a project as a public work subject to prevailing wage law.
Successfully settled a case for co-owners of ranch lands in Sonoma and Marin Counties in a quiet title and partition action filed in the Sonoma County Superior Court, involving novel issues of how to value temporal interests in land and joint business enterprises.
Secured a victory and resolved a conflict in the Court of Appeal whether opponents of projects found to qualify for an exemption from CEQA must object at a public hearing before the lead agency in order to maintain a legal challenge.
Represented a landowner in a successful challenge to set aside a local water agency's attempt to build an anadromous fish access project on the client's property. Also initiated a subsequent challenge to a joint EIS/EIR related to the Santa Ynez River fish management plan and subsequent project proposals.
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.
Represented a commercial property owner with respect to impacts on its office building property of proposed adjacent high-rise condo development, and ongoing representation for entitlement of the condo project redesigned per litigation settlement.
Represented a commercial property owner with respect to impacts of proposed adjacent entertainment complex project in which surplus property was sold by Culver City to the entertainment complex developer without environmental review.
Represented a developer in securing entitlements and environmental review for development of commercial/retail project in the City of Malibu Civic Center.
Obtained a $2 million judgment following a two-week jury trial against a city that had obtained an extraction for traffic mitigation fees from the property owners.
Represented a mining developer in successfully permitting a new instream mining project on the Russian River, including an innovative adaptive management program to resolve environmental concerns. Successfully defended the project against CEQA challenges, and settled the litigation on favorable terms.
Friends of Sierra Madre v. City of Sierra Madre. Represented the city in the trial court, Court of Appeal, and the California Supreme Court, in an action regarding the question of whether CEQA applies to council-sponsored ballot measures.
Alameda County Measure D Litigation. Represented homebuilders in opposition to Alameda County's Measure D, which established strict urban growth boundary throughout eastern Alameda County. Prepared counter-measure alternative to Measure D, and prosecuted litigation against Measure D through trial court proceedings.
City of San Ramon Measure G Litigation. Represented a homebuilder in litigation challenging the application of "Measure G" (amending the general plan to restrict hillside development, among other things) to limit a housing project proposed in San Ramon.
El Dorado County Measure Y Litigation. Represented a coalition of property owners in challenging the provisions of Measure Y, a growth control and traffic limitation measure in El Dorado County.
Extensive insurance coverage analyses concerning positions taken on various types of policies, including Director's & Officer's policies and Errors & Omissions policies, on behalf of a national insurance company
Successfully defeated multi-million dollar claim under a Director's & Officer's policy in connection with several lawsuits arising from a stock loan transaction scheme. After extensive investigation, the claim was denied and, thereafter, the insured retracted its claim.
Brought an action on behalf of underwritten title company for the alleged fraudulent appraisals on multiple residential properties.
Defended an action by the underwriter of a title company against its underwritten title company for the alleged failure to identify fraudulent appraisals on multiple residential properties.
Obtained an order that suicide clause in insurance policy was not triggered because suicide is an intentional act and the insured was so mentally ill that she could not form the requisite intent.
Represented a title insurance company in bad faith case.
Drafted successful summary judgment motion against title insurance carrier for fraudulent transfer of title by seller.
Represented real estate developers in action against insurers seeking coverage for construction defect liabilities.
Represented a risk retention group in defense of action by rail carrier seeking coverage for wrongful death and bodily injury claims.
Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a catastrophic bodily injury suit by a construction worker on a major medical facility project in New York City, with 100% of the settlement funding provided by liability insurers for other parties and by the project wrap-up liability insurer for our client, the owner/developer.
Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a construction defect property damage claim by our client, the developer of a townhome community in Hawaii, against its wrap-up liability insurer. The client recovered 200% of its initially-estimated repair costs.
Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a significant bodily injury suit, including a punitive damages claim, by residents of a new ground up condominium project in San Diego, California, with the bulk of the settlement funding contributed by the wrap-up liability insurer for our client.
Obtained a favorable settlement for a major commercial building owner of a complex builder's risk soft costs coverage claim, including the issue of the number of occurrences and deductibles.
Obtained a favorable settlement for a regional private homebuilder under its umbrella liability policies on a Chinese drywall claim involving over 175 homes, including the issue of the number of occurrences and self-insured retentions
Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a multi-million dollar condominium conversion construction defect suit in Boston, Massachusetts by the project homeowners association, with the bulk of the settlement funding contributed by liability insurers for other parties and for our client, the converter.
Represented an asbestos insulation company in coverage action for asbestos injury claims.
Represented a beneficiary against life insurance company claiming misrepresentation and non-disclosure in the application by the insured.
Represented defense, telecommunications, and automobile manufacturers in environmental insurance coverage actions involving environmental liabilities at multiple manufacturing and Superfund sites.
Represented a domestic insurance company in arbitration against London market carriers seeking reinsurance coverage for environmental claims.
Represented an insurance carrier in actions by real estate developers and subcontractors seeking coverage for construction defect liabilities.
Represented an insurance carrier in arbitration and action for provisional relief (writ of attachment) against former insurance agent seeking payment of misappropriated policy premiums.
Represented an insurance company against claim brought by insured for breach of contract.
Represented oil and chemical companies in environmental insurance coverage actions involving liabilities at oil refineries, chemical plants, storage facilities, pipelines, and service stations in multiple states.
Represented policyholders and insurance carriers in first party property coverage claims.
Represented a real estate developer in action against professional liability carrier and architect over defective roof at mixed-use development.
Represented wood treating companies in environmental insurance coverage actions.
On behalf of a condominium homeowners association, persuaded a CGL carrier to defend an action by a homeowner, alleging violations of the federal Fair Housing Act, and related state legislation, notwithstanding the policy's exclusions for discrimination.
Defended an insurance company as surety on public works payment bonds against employee class action claims for unpaid prevailing wages.
Represented the trustees of a fund against multiple carriers for breach of contract and of the covenant of good faith and fair dealing in refusal to provide a defense and coverage under officers and director's policy.
Defended an insurance company in state court action alleging breach of insurance contract and bad faith in a coverage dispute arising out of separate underlying employment lawsuit.
Represented a community bank in a jury trial malpractice action against an insurance broker for failing to timely report a loss incurred by the bank to the bank's fiduciary liability insurance carrier.
Represented a community bank in an insurance coverage dispute under a fiduciary liability policy in federal court.
Represented an insurance company and prevailed on summary judgment where insurer was sued for failure to defend wage and hour lawsuit and indemnify insured for settlement because claim was barred by employment practices and intentional acts exclusions under the insured's liability policy.
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, in litigation involving REIT's alleged failure to disclose pest infestation prior to sale of the course.
Defended an insurance carrier in contribution and indemnity action brought by another carrier alleging that monies were owed for payments made in an underlying personal injury action.
Handled first party property insurance claim on behalf of golf course lender following destruction of portion of golf course.
Obtained summary judgment in favor of an insurance company client in declaratory relief litigation over the policy limits applicable in a wrongful death lawsuit filed against a permissive driver with additional insured coverage under the policy.
Obtained summary judgment in favor of an insured on the application of an exclusion for damage caused by electrical disturbance contained in the building owner's fire insurance policy.
Prevailed on a motion for summary adjudication on behalf of an outdoor advertising business and obtained order that an insurance carrier was obligated to defend an action by the City of Los Angeles seeking the removal of "supergraphic" billboard signs.
Represented a construction company in an action against insurance broker for failure to tender claim to proper insurance carrier, despite promise to do so.
Settled action brought by an insurance company against insurance agent for binding policies of insurance without the insurance company's knowledge and otherwise violating his obligations to the carrier.
Successfully litigated numerous rescission claims based on the insureds' alleged failure to disclose material information in the application process.
Without filing litigation, persuaded several reluctant CGL carriers to agree to defend actions involving: (i) construction defect claims; (ii) nuisance and trespass claims resulting from construction activities; (iii) fraud and conspiracy claims resulting from alleged violations of City Building Codes and Setback Ordinances; and (iv) violations of the federal Fair Housing Act and related state legislation. Insurance carriers who are slow to accept their defense obligation may be required to reimburse defense costs at full hourly rates from the date of tender to the date of acceptance of the defense.
Drafted, argued, and won a defense motion for summary judgment in an insurance bad faith case.
Successfully prosecuted reformation action against numerous national insurance companies seeking to add coverage for an estimated $500 million in coverage for national developer.
Achieved an early resolution of an action brought by an insurance company against insurance agent for binding policies of insurance without the insurance company's knowledge and otherwise violating his obligations to the carrier.
Obtained favorable settlement for purchaser of two homes in Riverside in declaratory relief action brought by insurance company that refused to defend or indemnify the purchaser as the result of a fraudulent transfer of the property by a seller that did not actually have title to the property.
Defended national hotel developer in a class action securities case before the Southern District of California and the Ninth Circuit Court of Appeals. Caused dismissal of the case at the district court level. Handled the appeal at the Ninth Circuit. Published decision affirms the district court ruling and holds that sale of hotel condominiums did not constitute the sale of securities. Salameh, et al. v. Tarsadia Hotels, et al., No. 11-55479, --- F.3d. ---, 2013 WL 4055825 (9th Cir. August 13, 2013).
Secured land use entitlements and multi-jurisdictional state and federal approvals to develop the Shadowrock destination resort located in Palm Springs, California, including defending litigation initiated by the Sierra Club and the Center for Biological Diversity challenging the project approvals.
Prosecuted a breach of contract action against the City of Thousand Oaks for breach of a development agreement.
Prosecuted legal action against the City of Calabasas, the Santa Monica Mountains Conservancy, and the Las Virgines Municipal Water District for breach of a development agreement and vesting tentative tract maps.
Defended a property owner in condemnation proceedings brought by the Burbank – Glendale-Pasadena Airport Authority on the grounds that the entity failed to comply with CEQA prior to adopting resolution of necessity.
Prosecuted a mandamus and inverse condemnation action against the City of Irwindale on behalf of the quarry operator arising out of City's unlawful denial of quarry expansion application.
Defended hotel and apartment owners and operators in Proposition 65 litigation involving secondhand tobacco smoke.
Defended a restaurant chain in Proposition 65 litigation involving claimed exposures to mercury in fish and seafood.
Defended a variety of Proposition 65 matters involving importation and sale of vinyl lunchboxes and sale of glassware containing colored artwork.
Prosecuted a RCRA citizen's suit for injunctive relief against the County of Orange at a closed landfill site.
Represented a company in dispute with County of Orange regarding responsibility for implementation of landfill gas control systems and other landfill environmental monitoring systems.
Prosecuted a CERCLA cost recovery action against a lessee of former gun range facility located in the City of Huntington Beach.
Defended 29 municipalities in cost recovery litigation under CERCLA involving the Operating Industries, Inc. Superfund site.
Represented a property owner in cost recovery litigation against adjacent service station owner based on migration of petroleum contamination from leaking underground fuel storage tanks.
Defended an importer of vinyl miniblinds in Proposition 65 lead litigation initiated by the Attorney General of California.
Represented a property owner in dispute with Los Angeles County Sanitation Districts involving the adequacy of landfill's environmental control systems.
Defeated a CEQA challenge to development in Orange County, which resulted in a published opinion, Silverado Modjeska Recreation and Parks District v. County of Orange, 197 Cal.App.4th 282 (2011).
Defeated CEQA challenges to various types of projects, including infill projects, affordable housing projects, commercial projects, and gaming facilities.
Successfully defended a challenge to a trial court's attorneys' fee decision in a CEQA case concerning a hospital in Sonoma County.
Provided critical research to support the State's successful argument in a case concerning the interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), resulting in a published decision, California Department of Toxic Substances v. Hearthside Residential Corp., 613 F.3d 910 (9th Cir. 2010).
Prosecuting and defending claims on behalf of owner of substantial apartment complex project in San Jose, California.
Recovered more than $4.3 million for a national contractor in federal court following claims against subcontractor and performance bond surety arising from defective work and delay on an Indian hotel and casino.
Represented general contractor in obtaining substantial recovery from owner of Beverly Hills mega estate project.
Achieved favorable settlement for owner of high-rise on builder’s risk policy claims following lengthy arbitration.
Representing policyholders in claims involving CGL, E&O, D&O, EPLI, and environmental policies
Representing and advising title insures with respect to multi-million dollar claims
Successfully defended a leading medical malpractice insurer in numerous breach of contract and bad faith actions by means of dispositive motions.
Negotiated numerous settlements of disputes and lawsuits involving professional and commercial liability claims.
Successfully settled Federal litigation concerning the importation of goods and/or fabric from overseas involving importers, distributors, and manufacturers of the goods and/or fabric.
Defended national renewable energy company in multi-million dollar suit concerning its energy transmission line easement rights in Solano County. Obtained summary judgement in favor of client, causing dismissal of plaintiff's suit and exposure to attorney's fees and costs.
Represented shopping center developers in the Northen District of California in ADA disability-access suits. Secured settlements through mediation.
Representing the City of Emeryville and the successor to its former redevelopment agency in the Northern District of California against London-based corporation and others in CERCLA and RCRA suit seeking over $50 MM in environmental clean-up costs. Defeated foreign corporation’s motion to dismiss for lack of jurisdiction. Published decision recognizes validity of all factual and legal arguments against foreign corporation including theories of direct control, purposeful availment, successor liability, and alter ego. The Successor Agency to the Former Emeryville Redevelopment Agency and the City of Emeryville v. Swagelok Company, et al., 364 F.Supp.3d 1061 (N.D. Cal. 2019).