Real Estate Litigation
Our firm’s real estate litigators handle title, land use, leasing, secured transactions and ownership matters in state and federal court, at arbitration and in administrative proceedings. In addition to our work as trial counsel, Our firm regularly provides mediation and other alternative dispute resolution services.
Our clients include owners and developers, managers, secured interest holders and brokers, ranging from Fortune 500 companies to governmental entities to small business owners. We have experience with projects as diverse as office towers, shopping centers and other retail outlets, campus office spaces, industrial properties, ski resorts, residential subdivisions and maritime (pier) properties.
Our firm’s real estate litigation attorneys are part of the firm’s Commercial Practices Group, an interdisciplinary team that also encompasses members of the firm’s antitrust, bankruptcy, business litigation, corporate, and real estate finance practices. Our real estate litigators are able to call upon the collective expertise developed within the Commercial Practices Group to provide our clients multifaceted representation.
Title
Our firm works with property owners, developers and title companies to establish or clear fee title, to resolve disputed easements and to bring actions under the Destroyed Records Relief Act (“McEnerney Actions”). We also handle judicial and non-judicial foreclosure actions, receiverships, secured party rights and obligations, fraudulent conveyance and third party possession actions where title to property has been hidden.
Leasing
Our experienced attorneys represent landlords, tenants and subtenants in disputed lease relationships, including disputes relating to renewal and purchase option rights, rental fair market valuation on renewal, failure to disclose and building code issues, quiet enjoyment disputes and disability access rights.
Ownership and Workouts
Our attorneys provide assistance to property owners and developers concerning ownership structure, partnership and joint venture planning and dispute resolution, and in partition actions brought to resolve multiple claims on property.
Land Use
Our firm represents clients in matters involving government approvals and entitlements, vested rights, Subdivision Map Act questions, CEQA, and water rights, at the administrative level, in mandate actions to review administrative decisions, and in litigation of inverse condemnation, §1983 and equal protection actions. Our attorneys also represent owners of fee and easement interests in eminent domain actions.