Patterson Frozen Foods, Inc., et al. v. Traina Pacific LLC, et al., Stanislaus County Superior Court No. 684866, 6th District Court of Appeal No. H047357, H047368. Represented client in dispute regarding claimed easement for wastewater recycling relative to vegetable processing facility. Court entered judgment in favor of client and ordered plaintiff to pay client in excess of $1,300,000 in costs expended in connection with the litigation. The decision was affirmed on appeal.
Marina Community Partners, LLC v. Fort Ord Reuse Authority, Monterey County Superior Court No. 18-cv-000871. Represented developer in securing reimbursement for removal of World War II era abandoned army buildings at the former Fort Ord Army Base in the City of Marina. Reimbursement allowed future phases of redevelopment and reuse to proceed.
Hacienda Ranch Homes v. Superior Court(2011) 198 Cal.App.4th 1122 - Represented co-tenant of commercial property in defending claims based on tax deed irregularity and adverse possession. Prevailed on summary judgment.
Sherwin-Williams Company v. City of Emeryville and Emeryville Redevelopment Agency(9th Cir. 2010) 621 F.3d 1251. – Successfully represented landowner in Polanco Act proceeding in which landowner sought contribution for clean-up costs.
County of Sacramento v. Superior Court(2009) 180 Cal.App.4th 943. - Defended developer and landowner in connection with land use and CEQA challenges to proposed 400,000 square foot commercial/retail development. CEQA claims dismissed based on failure to timely request hearing.
City of Marina v. Board of Trustees of CSU(2003) 109 Cal.App.4th 1179 [Court of Appeal], (2006) 39 Cal.4th 341 [Supreme Court]. - Represented California State University in writ of mandate action involving land use issues and CEQA approvals relative to the Campus at Monterey Bay. Prevailed on land use consistency issues.
People v. One Parcel of Land(1991) 235 Cal.App.3d 579. - Represented building owner in forfeiture action relating to apartment building. Judgment entered in favor of client following court trial and appeal.
Pear v. CCSF – Represented property owners in dispute regarding surface use of Hetch Hetchy pipeline property. Judgment entered in favor of client following trial.
City of Arcata v. Humboldt State University - Defended University in CEQA challenge relative to addition of new facilities. Judgment was entered in favor of client following trial and appeal.
City of Rialto v. Department of Defense - Defended municipality in federal cost recovery actions involving TCE and perchlorate contamination in the Rialto/Colton basin. Obtained water replacement order and other relief.
Contra Costa Retail Center v. Bally - Represented landlord in breach of lease action against tenant arising from “net worth” warranties in lease. Judgment entered in favor of client following trial and appeal.
Century Theatres v. Lincoln-Larkspur Office - Prosecuted case for preliminary injunction and for injunctive and related relief relative to interference with theater operation. Injunction issued in favor of theater operator client; matter settled favorably thereafter.
Shapell v. Lunardi - Represented grocery chain in connection with claimed breach of “continuous operation” covenant in commercial lease. Defeated application for injunction to enforce provision. Case resolved on favorable terms thereafter.
Gasoline Alley v. Stadium Promenade - Represented landlord in dispute involving alleged breach of non-competition clause in commercial lease agreement relating to simulated car racing facility. Judgment entered in favor of client following jury trial.
Pacific Plaza v. HPMC - Represented theater tenant in arbitration relating to challenge to management fees and level of maintenance of commercial shopping center. Arbitration award and judgment entered in client’s favor.
Eminent Domain/Inverse Condemnation
Santa Clara County Housing Authority v. Trustees of the DeRose Ranch Family Trust, et al., Santa Clara County Superior Court No. 19-cv-34799. Successfully represented client, Santa Clara County Housing Authority, to acquire property located in San Jose for the purpose of continuing to provide existing affordable housing to very low and extremely low income senior citizens.
WSAFCA v. Seecon– Represented property owner and developer in condemnation of property for levee project. Settled case shortly before trial for nearly four times original offer of compensation.
Sywest v. Richmond/BART- Represented property owner in inverse condemnation action relating to property damage resulting from construction of public parking garage. After prevailing on dispositive motions, settled for recovery of entire cost of remediation and attorneys’ fees expended.
Peralta Community College District - Represented community college district in eminent domain proceeding for acquisition of site for new community college (Berkeley City College) in downtown Berkeley.
Pleasant Hill Center/CalTrans - Represented owner of shopping center in connection with condemnation proceeding brought by CalTrans in connection with the widening of Interstate 680. Favorable judgment for client following jury trial.
Confidential (pre-lawsuit mediation). Represented client, a waste hauler and recycler, in the negotiation of an amendment to a waste recycling agreement and readjustment of the financial terms following changes to recycling market precipitated by “China National Sword” orders and regulations. Resolution allowed client to continue to provide the recycling service to the community.
City of King City v. Community Bank of Central California(2005) 131 Cal.App.4th 913. - Defended Community Bank of California in action by redevelopment agency to avoid resort to collateral for a multi-million dollar community development loan. Judgment entered in favor of client following trial and appeal.
Outdoor v. Caltrans - Represented outdoor advertiser in challenging civil penalties imposed by Caltrans. Judgment entered for client after trial.
ALTA Mortgage Impairment Matters - Represented American Land Title Association in litigation in federal and state court involving issuance of mortgage impairment/lien priority insurance by non-licensed insurers.
Hanson v. Moss Codilis/In re Ocwen Federal Bank Mortgage Servicing Litigation- Counsel for defendant in class action/federal multi-district litigation relative to mortgage servicing issues.
Confidential- Represented owner of $30,000,000 office building in action by limited partner alleging partnership interest. Prevailed following binding arbitration.