Real Estate Law
Our real estate practice involves both litigation and transactional work primarily on behalf of commercial property owners, investors and developers, but also some work on behalf of residential property owners. In addition to real estate litigation, we have been involved in numerous complicated Section 1031 transactions, including “drop and swaps” and related party exchanges, real estate syndication, purchase and sale transactions, leases and licenses, commercial and multi-family loan transactions, loan modifications and workouts.
Recent Litigation Results
Represented 93 homeowners in a certified class action lawsuit against a private water utility. As a result of the class action, the utility was forced to hire a reputable operator and the Department of Justice was finally forced to take action, including obtaining a receivership for the water system.
Represented commercial landlord in unlawful detainer trial against tenant. Successfully dismissed tenant’s affirmative defenses in pretrial motions. Following trial, landlord was awarded possession, damages and attorney’s fees.
Represented private money lender in successfully expunging a lis pendens recorded against foreclosed property. Lender was awarded clean title and attorney’s fees. Successfully obtained a writ of attachment and wage garnishment to secure payment of the attorney fee award.
Represented secured lender in foreclosure proceedings against commercial borrower. Helped broker a purchase of the secured property whereby the lender was paid in full, plus interest, default interest, late fees and attorney’s fees on the eve of the foreclosure.
Recent Real Estate Transactions
Prepared syndication (private equity) documents, including private placement memorandums and entity documents, for real estate venture and tech start-ups.
Represented buyer in acquisition of multi-million dollar Napa vineyard and winery.
Structured “drop and swap” 1031 exchanges to IRS and FTB requirements.
Structured 1031 exchange to avoid tax liability arising from an exchange between related parties.
Represented commercial borrower in negotiating an early payoff of an agency low income housing loan and amendment to the regulatory agreement encumbering the property. Represented borrower in obtaining a new loan on the same property.
Represented seller of self-storage facility in Sonoma including defeasance of existing loan.
Represented buyer of self-storage facility in Arizona in Section 1031 transaction and represented buyer in obtaining a loan for the acquisition.