Real Estate / Land Use
REPRESENTATIVE CASES
- Commercial unlawful detainer action between landlord (a shopping center) and tenant (a restaurant) regarding two locations. Tenant contended that the force majeure clause of the lease provides relief based upon the mandatory government closures during the Covid-19 pandemic.
- Federal court action by borrower against lender for alleged violations of the Real Estate Settlement Procedures Act (RESPA) and for breach of contract for, among other things, improperly making a payment change during the borrower's bankruptcy and, later, filing a Response to the Notice of Final Cure, claiming a delinquency on the mortgage loan.
- Breach of implied contract action brought by a real estate agency and its principal for the real estate commission they contend the defendants owed in connection with the purchase of a $46.25 million dollar home in Los Angeles. Plaintiffs contended he had agreed to represent the defendants, the buyers, in locating a home to buy, but the agreement was never put in writing.
- Action and cross-action between a residential property owner and its general contractor arising out of a major, multiphase, three-year $6 million construction project in the Beverly Hills area. The contractor sought enforcement of a mechanic’s lien for unpaid work. The property owner alleged fraud and breach of contract, based upon improper allegedly improper grading and construction during the project, delayed completion, and cost overruns.
- Action and cross-action brought arising out of the public’s heavy use of an easement road of a private horse stable located in Los Angeles’ Griffith Park. 15,000 pedestrians a day walked up the stable’s easement to get to a hiking trail that ran close to the famous “Hollywood” sign. The stable had brought an action for injunctive relief and damages contending that its easement was exclusive, and that the City of Los Angeles had unduly interfered with its easement. The City cross-complained against the stables, contending that the stables had encroached upon its public land, by cutting into the slope and constructing corrals. Several community groups attempted to intervene in the lawsuit, because the City of Los Angeles had erected a gate at the entrance to the stable’s easement, and subsequently locked the gate.
- Action brought by resident against a city that had approved a mixed-use affordable housing development to be constructed on Sunset Boulevard. Plaintiff contended, among other issues, that a street vacation proceeding was required before the city could approve the removal of the right-turn lane.
- A county sued the architectural firm and an engineering firm for breach of contract and negligence, pertaining to their design and construction management of a jail.
Separately, the county contracted with a construction firm to construct the jail within three years, for almost $91 million. The construction contractor allegedly contended that there were numerous design errors, including at the smoke control system. The county contended that the various design errors caused in excess of $13.6 million in damages.
- Homeowners sued their contractor and subcontractors for in excess of $2 million in alleged construction defects in connection with a major house renovation.
- Suit and counter-suit amongst investors and partial owners of a Laguna Niguel office building for breach of fiduciary duty and breach of contract, alleging wrongful use of funds and wrongful exercise of control by the other.
- Action alleging contractual fraud and breach of fiduciary duty in connection with the purchase and sale of an 18-acre commercial property, contending that the breaches of professional obligations required negating the sale.
- A medical doctor sued the landlord of his Sunset Boulevard office building for breach of contract and specific performance, contending that the landlord moved the doctor’s sign during a building remodel, but failed to reinstall it.
- Action for enforcement of a promissory note by an assignee of the note, against a real estate developer who had defaulted on a construction loan.
- A dentist who had purchased another dentist’s practice sued for breach of contract and fraud, alleging that the office premises were not in good working order.
- Action for enforcement of two promissory notes totaling $500,000.
- A long-term residential tenant sued his former landlord and current owners of the building, contending that he was unlawfully evicted in violation of the local city’s rent control law.
- Action for past due rent against commercial tenant in mid-Wilshire office building.
- Action for breach of contract by former commercial tenant, a car dealer, against the landlord, contending that the landlord breached its contractual obligation to sell the subject property to plaintiff. The landlord contended that the option to purchase had expired.
- Action for wrongful eviction arising out of a commercial lease. The plaintiff was the tenant, a rug dealer, who contended he was wrongfully evicted, and sustained loss of property, by his former landlord.
- Inverse condemnation case brought by homeowner in the Hollywood Hills whose home was flooded allegedly due to backed-up City of Los Angeles sewer system.
- Action for damage to property by a homeowner against the next door neighbor for “mansionizing” a one-story house into a two-story house, allegedly adversely impacting the plaintiffs’ property, and plaintiffs’ enjoyment thereof.
- Action by commercial property owner seeking to enforce a decades-old, unrecorded, license granted by the city purporting to allow the owner of the property to park vehicles off-site onto the defendant’s property.
- Eminent domain action brought to condemn bank property in order to construct a rail station. The estimated value of the subject property was $27 million.
- Eminent domain action involving 15 parcels of land involved in a street-widening project being conducted in connection with a municipal improvement project, in connection with a newly-constructed stadium.
- Eminent domain action involving an unimproved property in Playa del Rey which was sought to be temporarily used in connection with a major sewer improvement project.
- Action by owner of commercial office building, contending it was defamed by a former commercial tenant when the tenant placed a critical review on “Yelp.”
- Several partition actions brought by siblings against each other.
- Action for quiet title of a forged deed, giving real property to a 14-year-old girl.
- Unlawful detainer action to evict marijuana dispensary.
- Action for breach of commercial guaranty arising out of a default on a $25 million fixed rate commercial loan that had been secured by real property.