The firm represents a variety of real property developers, owners and builders, providing comprehensive legal services with regard to development, partnership, and commercial lease disputes, non-payment and mechanic’s lien claims, construction defect litigation, non-disclosure, and ADA public accommodation/discrimination cases.
Cases of Interest
- We obtained an order sustaining demurrer without leave to amend and granting judgement on the pleadings, affirmed on appeal, in favor of a National Bank against complaint by property owners challenging the validity and enforceability of the Bank’s $35 million loan secured by a leasehold deed of trust.
- We successfully enforced a judicial reference provision contained in a $20 million construction loan agreement for a 67-unit mixed-use condominium project in San Francisco. O’Donoghue v. Superior Court (2013) 219 Cal.App.4th 245, 161 CalRptr.3d 609.
- We successfully defended a title insurer against bad faith claims brought by an insured lender who failed to properly and timely provide notice of its claim.
- We successfully defended a lender’s deed of trust against the priority of a homeowner’s association claimed lien. Diamond Heights Village Ass’n, Inc. v. Financial Freedom Senior Funding Corp. (2011) 196 Cal.App.4th 290, 126 Cal.Rptr.3d 673.
- We successfully defended a title insurer against bad faith claims by an insured owner arising over the interpretation of the insured land in a CLTA Standard Coverage title policy. Havstad v. Fidelity National Title Ins. Co. (1997) 58 Cal.App.4th 654, 68 Cal.Rptr.2d 487.
- We successfully defended a title company against escrow claims arising out of the failure to timely record an uninsured document. Rooz v. Kimmel (1997) 55 Cal.App.4th 573, 64 Cal.Rptr.2d 177.
- Firm partner Jeffrey H. Lowenthal successfully defended a secured lender establishing that attorney’s fees are not recoverable against a lender in a mechanic’s lien action. Abbett Electric Corp. v. California Fed. Savings & Loan Assn. (1991) 230 Cal.App.3d 355, 281 Cal.Rptr. 362.
- Firm partner Jeffrey H. Lowenthal successfully represented a secured lender in establishing its standing to bring negligent construction claim against a condominium developer. Sumitomo Bank v. Taurus Developers, Inc. (1986) 185 Cal. App. 3d 211, 229 Cal. Rptr. 719.
- We successfully defended a national real estate services company in defense of a $4.5 million copyright infringement and breach of software license agreement action, obtaining a favorable settlement prior to trial.
- We successfully defended the general contractor in this multi-million dollar delay damage dispute arising from the spill of PCB contaminates.
- We successfully represented a general contractor in this South Bay condominium project payment dispute.
- We obtained a defense jury verdict in favor of real property sellers, against plaintiff buyer, which included substantial attorney’s fee award triggered by unaccepted section 998 settlement offer.
- We represented multiple lenders in a series of coordinated lawsuits arising from a loan stacking mortgage scheme where various borrowers closed simultaneous loans. We were able to successfully negotiate settlements recognizing our clients’ equitable lien rights in all but one case, which was tried to a successful judgment.
- We obtained a jury verdict in favor of title insurer in subrogation action arising from real property ownership dispute.
- We obtained an arbitration award in favor of a grocer against a general contractor’s claim for lost profits based on the grocer’s alleged termination of an AIA contract on the basis of convenience.
- We successfully defended a commercial property owner against the neighboring owner’s attempt to invalidate easement rights, obtaining a favorable judgment and substantial attorney’s fees award after trial.
- We successfully represented the landlord in a commercial lease dispute where the tenants sought to impose repair and maintenance obligations upon the landlord for which the tenant was found responsible.
- We represented the acquirer of a 67-unit mixed-use San Francisco condominium project against the developer and various contractors for defective construction and obtained a multi-million dollar settlement.
- We obtained a favorable settlement on behalf of the purchasers of a Pacific Heights home against the seller/developer and listing broker in pursuing claims for misrepresentation, non-disclosure and defective construction.
- We obtained summary judgment on behalf of a title insurer against a $4 million title policy claim arising from the encroachment of certain buildings in Union Square upon the Central Subway in San Francisco.