Real Estate and General Litigation

The firm handles cases involving virtually all aspects of real estate,
mainly in the local area. Clients include individuals, homeowners,
landlords (residential and commercial), property managers, homeowners
associations and other common interest developments, real estate
agents, and small business owners. Litigation experience ranges from
simple contractual disputes to complex matters. Representation also
includes prosecuting and defending clients in other general litigation
matters as well. We focus upon the early resolution of disputes where
and when possible.

Representative Experience:

• Litigated and favorably settled a claim brought by the buyer of a $1
million residential property against the seller and real estate agents
for the failure to have a resale inspection performed that was
mandatory under local law. The buyer had allegedly suffered
substantial financial harm as a result of conditions the resale
inspection would likely have found, including unpermitted and
undisclosed work that had been performed at the premises.

• Litigated and favorably settled a lawsuit brought by a former tenant
against her former landlord due to the landlord's failure to provide a
habitable premises, namely failing to investigate regular tenant
complaints that asbestos was blowing through the heating vents
rendering the premises uninhabitable. Punitive damages were sought
due to the alleged malice and oppression of the landlord in willfully
failing to investigate the condition.

• Litigated and favorably settled a lawsuit by a buyer against the
sellers of a property and the dual agent real estate broker. The buyer
alleged the sellers intentionally misrepresented the value of the
property in a lease option agreement as $4.4 million when the sellers
had purchased the property the year before for only $2.5 million.
Other misrepresentations were alleged as well.

• Litigated and favorably settled a lawsuit brought by former tenants
against their former landlords alleging the defendants failed to
maintain and repair the premises, resulting in substantial physical
injury due to mold as well as extensive personal property damage and
loss of income.

• Litigated and favorably settled a $300,000 construction defect lawsuit
involving claims by the owner that the contractor had promised and
then failed to structurally upgrade a beachfront property such that it
would withstand a substantial earthquake. This matter involved a
one-page contract, over 4,000 documents produced during discovery and
material issues relating to alter ego.

• Litigated and favorably settled a class action lawsuit brought by
several thousand customers of a private natural gas company in the
northern part of the Bay Area against the company. The customers
claimed the company had engaged in systematic overbilling and that it
had misrepresented its pricing schedule and volume of product
delivered to customers. The customers also claimed the company had
been unresponsive to customer complaints and more generally had
engaged in unfair business practices.

• Litigated and favorably settled a products liability lawsuit brought
by a Utah-based lumber supplier against a Dutch flooring manufacturer,
its Marin County distributor, and a highly disputed joint venture, a
website the lumber supplier had allegedly used while making the
purchase.