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.
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.
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.