Civil Litigation
Our civil litigation practice focuses primarily on real estate-related litigation and complex business litigation. We are experienced in both federal and state court trial practice and regularly appear in alternative dispute resolution forums. Because of our exceptional research, analytical and writing skills, we are often referred appellate matters by other trial counsel.
Examples of clients include real estate mortgage and brokerage firms, corporations and limited liability companies, general and limited real estate partnerships, real estate investors, title insurers, escrow companies, developers, contractors, financial institutions and lenders, insurance companies and individuals. Because of its recognized expertise in these areas, referrals to the firm are often from the legal community.
Principal areas of practice include real estate, construction litigation, complex business transactions, environmental law, corporate, limited liability company and partnership law, title insurance, creditors’ rights, escrow disputes, lender liability defense, landlord/tenant rights and commercial litigation. As discussed below, we represent all parties in bankruptcy matters as well as pursuing fraud and other nondischargeability claims.
Given the nature of litigation, generally we believe it important to be extremely aggressive. However, thoughtless aggression in every case invariably increases the costs of the litigation, and not necessarily with any attendant benefit to the client. We therefore take a carefully calculated case-by-case approach to litigation strategy. Our successes in resolving matters quickly and cost-effectively have earned us a loyal client following.
Business Litigation
We represent a wide range of business entities and individuals in complex litigation. Our extensive experience includes our litigating unfair competition cases under California Business & Professions Code ยง17200, including the prosecution of an action against Hyperion Press, Ltd., (reported at Keimer v. Hyperion Press, Ltd. (1999) 75 Cal.App.4th 1220), and recently, a nationwide consumer representative/class action against Palm Inc. We have also prosecuted and defended clients in connection with franchiser/franchisee disputes, securities fraud and RICO actions, unfair trade practice cases and a multitude of other general business tort cases.
In breach of contract actions and commercial litigation matters, we have been particularly successful in early resolution of cases by effective use of prejudgment remedies such as lis pendens, preliminary injunctions, receiverships, writs of attachment and writs of possession.
Real Estate Litigation
Commercial and Residential Lease Disputes
We represent landlords and tenants in commercial litigation of leases and landlords in residential litigation of leases. We have handled numerous complex commercial unlawful detainer actions on behalf of commercial landlords, and have prosecuted actions to enforce personal guaranties of lease obligations. In 2001, we successfully tried a case involving a sub-lease dispute on behalf of our client, the City of Oakland. The California Court of Appeal recently affirmed the judgment of the trial court in a reported decision, Syufy v. City of Oakland (2002) 104 Cal.App.4th 869.
Property Tax Assessment Challenges
We have represented numerous national concerns, Federal government agencies and foreign investors in California litigation challenging excessive or erroneous real property tax assessments. We have been lead counsel in two published appellate court decisions in the area; Industrial Indemnity v. City & County of San Francisco and Federal Reserve Bank of San Francisco v. City & County of San Francisco; in addition, we were Appellant’s counsel in an appeal before the 9th Circuit Court of Appeals, Federal Reserve Bank of San Francisco v. County of Los Angeles.
Title Insurance
Our past and present clients include title insurance companies, underwritten title companies, escrow companies and insured companies, partnerships and individuals under policies of title insurance in a variety of escrow disputes, real estate litigation and coverage matters. We often advise clients concerning the most appropriate coverage for a particular transaction. Our approach to litigation has saved our clients tens of thousands of dollars in unnecessary legal fees and expeditiously resolved numerous cases.
Construction
We represent developers, contractors, architects, owners, buyers and sellers in litigation involving design and construction defects and foreclosure of mechanic's liens. We are experienced in multi-party complex litigation in this area concerning such matters as structural design and defects, electrical design and defects, framing and roofing defects, soil, foundation and grading problems, drainage and water infiltration problems, landscape and engineering design and defects. Given the often costly nature of this type of litigation, we pride ourselves on our ability to efficiently cut through the reams of material typically generated in such cases and focus on the key issues. This enables us to expedite resolution of the matter, thus saving the client substantial time and money.
Land Use
We have successfully represented real estate owners and developers in a variety of land use matters. Because of the often continuing relationship between our client and the public entity, we strive to effect amicable negotiated settlements.
General Real Estate and Broker Disputes
We represent real estate brokers, agents, sellers and/or owners in a multitude of disputes arising from the purchase, sale, financing and lease of real property. We have special skill in brokerage defense, breaches of residential and commercial purchase agreements, brokerage commission disputes, and foreclosures.
Financial Services and Creditor Rights
We provide expertise in the area of lender liability, loan documentation, complex fiduciary matters, probate litigation, creditors’ rights, bankruptcy and complex loan workouts. In debt collection matters, the firm prides itself on seeking and securing where possible, restraining orders, preliminary injunctions, prejudgment writs of attachment and writs of possession to protect unsecured and/or secured creditors from fraud and conversion of assets. In this regard, the firm works closely with investigators to initially locate converted and hidden property.