
We advise community associations and handle matters in the following areas:
Arbitration of Owner Disputes
Bankruptcy Advice & Monitoring
Drafting, Interpretation and Enforcement of Bylaws and CC&Rs
Collection and Forclosure
General Business Advice
Insurance Related Litigation and Damage Claims
Participation in Homeowner Meetings and Elections
Regulatory Compliance
Welch v. Ocean Towers (Half-Million Settlement)
In Santa Monica, California after the 1994 Northridge Earthquake, our client's condominium in a luxury apartment tower over-looking the Pacific Ocean was barely damaged. When the city required a retro-fitting of the life-safety systems as well as new elevators, the workers caused damage to our client's place. The damages were roughly $75,000.00. After losing on demurrer (motion to dismiss) and appealing the case, we prevailed in the appeal and the case was sent back to the trial calendar. The defendant then changed its counsel and the case was settled on the verge of the next trial for $500,000.00.
Inside-Out Design Consultants v. Tauber (Defense)
We represented a homeowner against claims by an architect who claimed that the architect was owed money. We defended the case by challenging the claims and showing that the architect was really seeking money for contracting-type services which is prohibited unless that person is a licensed contractor. We got the case thrown-out at the pleadings stage (as early in a case as it gets) by making a strong and irrefutable legal argument.
Ricks Tavern v. Feller (Defense)
We represented a homeowner in against whom a lawsuit was brought. The plaintiff was a tavern which abutted our client's property. In filing the lawsuit, the plaintiff recorded a lis pendens against the property as well. The essential claim was that because the City of Santa Monica required the tavern to have adequate egress in case of a fire, that the tavern was entitled to have the land behind it (over which an easement had been granted) comply with city law provisions. The plaintiff insisted that a fire protection system be installed in our clients home (at the plaintiff's expense) or other measures be taken to comply with city law. We vigorously defended the case and the end result was a settlement in which the lis pendens was released and the easement relinquished. Our client had to make no modifications to the house or the property and the case was dismissed.
Glen Haven Memorial Garden v. Hillcrest Project Funding, Inc., Surfside Lending, Inc. $11.7 Million Dollar Settlement and Default Judgments
We obtained judgment for 3.9 million, return of stock valued at 3.5 million, reconveyance of the fraudulently recorded deed of trust, and an additional default judgment of 4.3 million against three remaining defendants one of which was incarcerated during the pendency of the action in Michigan as a result of his participation in a larger cemetery fraud ring in a complicated stock and real estate fraud case.
A&B Properties
v. Stress-O-Pedic Mattress (payment to defense) Our
client (defendant) was a large tenant in a multi-tenant facility.
Plaintiff claimed that our client was in breach of their lease and
demanded payment and a court declaration that tens of thousands
of dollars was owed in the future. After aggressively litigating
the case, the parties settled. Our client did not pay any money
for any alleged breach of the lease and indeed was paid money (in
the form of rent credits) from the plaintiff.
1030 Property
v. Cambridge $98,000 judgment
We represented plaintiff in a contested real property dispute relating
to a breach by tenants in an office suite. Judgment obtained against
defendant for breach of the lease.
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