Real Estate Litigation/Dispute Resolution

Our litigation attorneys understand the true emotional and financial cost of litigation and strive to develop effective strategies for resolving disputes quickly and cost effectively.  If possible, we attempt to resolve the dispute prior to suit or arbitration demand.  We engage in both informal settlement discussions and formal mediation efforts with ADR providers.  However, when litigation cannot be avoided, we employ the tools of litigation with precision, rather than engage in a scorched-earth approach.  We have successfully used motions to compel, preliminary injunctions, motions to expunge lis pendens, declaratory relief, prejudgment writs of attachment and summary judgment to position disputes for favorable resolution.  If we are unable to resolve the case through strategic motion practice and aggressive settlement efforts, we will zealously represent the client’s interests at trial.   We have prosecuted and defended many real estate-related disputes. In addition, due to our extensive appellate work, we are uniquely qualified to create a solid record before the trial court to preserve and protect our client’s interests in the event of an appeal. Contract Disputes We have litigated multiple breach of contract actions stemming from purchase and sale agreements, option contracts, property management agreements, leases, guarantees, warranties, franchise agreements, partnership agreements, operating agreements, trust instruments, and all forms of co-ownership agreements, including TICs and HOAs. The properties at issue range from single family dwellings and illegal in-law units, to apartment buildings and hotels, to office buildings and warehouses, to gas stations, to mobile home parks and floating homes, to raw land and agricultural property. Torts We have litigated numerous real property related torts arising between neighbors, landlords and tenants; co-owners, developers and real property investors, design professionals and trustees and beneficiaries including: nondisclosure and misrepresentation, breach of fiduciary duty, fraudulent conveyance, premises liability, construction defect, waste, nuisance, harassment and wrongful eviction.  The boundary disputes we litigate include easement violations, trespass, failure to maintain boundary line fences and shared retaining walls; tree encroachments, water and subsurface rights, negligent excavation and failure of lateral support.  We have prosecuted and defended insurance coverage disputes including subrogation and indemnity claims and litigated toxic torts including mold, lead, asbestos and underground storage tanks. Statutory Claims We have litigated various statutory claims, including partition and accounting, slander of title, quiet title, condemnation, eminent domain, ejectment, breach of fiduciary duty, Business and Professions Code violations, financial elder abuse, and expungement of mechanic’s liens.  Additionally, we represent clients in proceedings before the courts, governmental agencies and administrative tribunals alleging violations of the Americans with Disabilities Act (ADA), California Environmental Quality Act (CEQA), the Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, the Subdivision Map Act and the Davis Sterling Act.   We prosecute and defend usury claims and foreclosure and deficiency judgment proceedings and defend owners, landlords and developers against claims of violation of local ordinances, including the San Francisco, Berkeley and Oakland Rent Control Ordinances, ordinances limiting residential hotel conversions, apartment conversions and condominium conversions, as well as entertainment and noise ordinances.