Scott Shepard is a litigation shareholder in Miller Starr Regalia’s Walnut Creek office. With substantial experience representing clients in business and real estate litigation matters. Scott excels at matters involving construction law, construction defects, real estate buyer/seller disputes, foreclosure and real property security, receiverships, title insurance and escrow, and commercial and residential unlawful detainer actions. He also has a focus in easement and boundary disputes, including prescriptive easements, nuisance and trespass actions, hunting rights and obligations, and real estate sales disclosure duties. Scott represents creditors in bankruptcy matters, including seeking relief from stay and filing proofs of claim.
His clients include shopping center owners, wood products manufacturers, financial institutions, contractors, corporations, building owners, property owners, academic institutions, and bankruptcy creditors.
During his 34 years with the firm, Scott has tried cases, both jury and non-jury, to verdict. Scott has also successfully handled several arbitrations and numerous mediations for a wide range of clients.
J.D., University of California, Berkeley, School of Law (1990)
B.A., magna cum laude, University of California, Davis (1986)
Big Brothers Big Sisters
Building Industry Association – Former Member
Building Owners and Managers Association, Oakland/East Bay Chapter – Former Member
California Building Industry Association – Former Member, Legal Action Committee
Miramonte High School (Orinda) Boosters Club – Former Board of Directors
Orinda Baseball Association – Former Board Member and League Commissioner
Martindale-Hubbell – AV Preeminent Rating (2005–2024)
"Courts Do Not Have the Power to Terminate an Express Road and Utilities Easement Based on a Finding They May Not Be Necessary," Miller Starr Regalia Article, January 30, 2013
"California Homeowner Bill of Rights," Miller Starr Regalia Article, October 3, 2012
"What Is In A Name? It may not matter as much as you think if you are an individually licensed contractor," The State Bar of California Real Property Law Section Article, September 15, 2011
Chapter 13, “Homesteads and the Automatic Residential Exemption,” Miller & Starr, California Real Estate 3d (co-authored with Karl Geier)
Chapter 18, “Escheat,” Miller & Starr, California Real Estate 3d (author)
Chapter 12, "Estates, Restraints; Perpetuities," Miller & Starr, California Real Estate 3d (supplement)
U.S. Court of Appeals, Ninth Circuit
U.S. Bankruptcy Court, Northern, Eastern, and Central Districts of California
U.S. District Court, Northern, Eastern, and Central Districts of California
Adverse possession is the acquisition of title to another’s real property by continuous possession and use of the property for the prescribed period of five years.
The California Homeowner Bill of Rights, which the California Senate and Assembly enacted on July 2, 2012, was very recently signed into law by the Governor on July 12, 2012 (“The Act”).
SB 800, referred to by some as the "Right to Repair" Act, sets forth detailed non-adversarial notice and right to repair procedures a homeowner subject to the Act must follow prior to filing a construction defect lawsuit.
The California Supreme Court has recently raised the risk of liability for developers and builders constructing projects.