Real Property​

REPRESENTATIVE CASES

  • Successful mediation of a pending matter in the Superior Court, County of Orange, in which plaintiff’s allegations against the builder and developer of large, luxury homes included design defects of the main operating systems of the home (HVAC).

  • Complaint and cross-complaint filed in the Los Angeles Superior Court. Brothers that purchased property for investment, after two decades brought an action against each other regarding the operation of the Limited Liability owner of the multi-unit apartment complex. Each accused the other of theft of partnership monies such as rent, and failure to maintain the units. Outstanding loans secured by the property complicated the matter.

  • Dispute between siblings who entered into a written agreement to purchase and maintain a large single-family home in an exclusive gated community and live in the home, sharing the obligations and equity. The inability of one of the siblings to contribute due to conviction of a federal crime created the dispute and a partition action.

  • Matter pending for trial in Los Angeles Superior Court. The complaint, which was filed by the shareholder of a limited liability company, alleged the developer failed to make initial contributions to investment in four buildings at purchase and thus was not entitled to any funds at sale. A cross-complaint was brought by the real property agent and developer alleging fraud and breach of fiduciary duty.

  • Unlimited jurisdiction matter pending in the Superior Court of California, County of Los Angeles in which Plaintiff’s complaint alleged that her broker breached a contract for the sale of a parcel of real property. Plaintiff sought specific performance and declaratory relief. Defendant’s defense relied upon factual contention regarding Plaintiff’s failure to perform obligations agreed upon as conditions preceding to the sale. Defendant refused to sell the property to Plaintiff as long as Plaintiff refused to perform his alleged agreed upon obligations in a separate contract as a precedent to the sale. The matter was complicated by the intervention of the company acting as the escrow. Escrow named both buyer and seller as Defendants seeking to put funds in Superior Court trust fund and be award its attorney fees and costs. Intervenor alleged escrow had been open for over 18 months without any indication of resolution of the parties’ dispute.

  • Real Property (Neighbor Dispute/Intentional Infliction of Emotional Distress/Violation of Privacy/Dispute of View, Trees, and Shrubs/Easement/Property Border Dispute/Nuisance): Long-term neighbors in upscale luxury homes both had legal representation in their attempt to ultimately resolve their disputes and avoid litigation. Issues included:
        -  Allegations of violation of views and privacy due to trees and shrubs, and use of Ring device to protect from intruders, which device allegedly invaded neighbor’s privacy.
        -  Border line dispute.
        -  Inability to agree upon the maintenance or need for a fence between properties.
        -  Mutual allegations of harassment, trespass, failure to maintain property, etc.
        -  Claim of prescriptive easement.
        -  Claims of intentional infliction of emotional distress due to alleged intentional conduct violating privacy rights because of installation of Ring camera to deter criminal conduct.

  • Mediation between parties involved in an action filed in the Superior Court of California, County of Los Angeles, regarding claims of downhill property owner of multi-million-dollar home against uphill owner for water intrusion of millions of gallons of water over several years. Plaintiff alleged fraud for alleged failure of uphill owner to investigate alleged obvious excess water flowing from property. Uphill owner claimed plaintiff did not sustain any damage.

  • Dispute arising out of an alleged breach of written and oral agreement for development and sale of commercial real property. Plaintiff investor brought causes of action for breach of contract, breach of the covenant of good faith and fair dealing, fraud, intentional deceit, and violation of Civil Code 1709, naming as defendants the developer, real estate broker, and agent seeking monetary damages. Plaintiff alleged that defendants’ fraud resulted in the failure to develop a strip mall shopping center and in the loss of his monetary investment.

  • Agency filed a condemnation action to acquire a building occupied by commercial tenants, to condemn any leaseholds, and to acquire easements for construction and access. The acquisition was for a major metropolitan transit project to construct a dual track light rail system to extend rail line to the airport. The Final Order in Condemnation was for the fair market value of the property, severance damages, loss of business goodwill, relocation, fixtures, equipment, and inventory.

  • Purchaser of a primary residence alleged he was unable to secure a purchase loan, and instead, financed the purchase through a loan obtained by the purchaser’s cousin and a long-time friend. These borrowers were included as joint tenants on the grant deed. Purchaser alleged that he made all necessary payments for the down payment, the loan, insurance, and property taxes. Two years later, the borrowers filed an unlawful detainer action against the purchaser. The purchaser filed an action for quiet title, reformation for fraud, breach of oral contract, promissory estoppel, unjust enrichment, and imposition of constructive trust.

  • Property owner filed action against individuals, lenders, and others who were involved in recording the allegedly fraudulent Notice of Default and Notice of Sale in a non-judicial foreclosure, and who engaged in an enterprise to defraud the property owner. The action was for violation of the Homeowner Bill of Rights, violation of Civil Code section 2923.5, lack of standing to foreclose, injunctive relief, constructive fraud, slander of title, quiet title, declaratory relief, unfair business practices under Business and Professions Code sections 17200 et seq., negligence, and fraud in the inducement.

  • The beneficiary of trust deed filed an action to foreclose on an unimproved parcel.