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Real Estate Litigation

Real Estate Litigation

Our team has the industry and litigation experience to deliver timely advice and take thoughtful action in all types of real estate disputes. Our deep understanding of the unique nature of real estate and its impact on clients’ bottom line comes from our extensive experience representing clients on the local, national, and international levels. These clients include:

  • Landlords
  • Tenants
  • Managers
  • Developers
  • Investors
  • Brokers
  • Government agencies 

Lease litigation: Breach of lease, declaratory relief and unlawful detainer / eviction actions involving all types of claims, including those related to:

  • Rent and additional charges 
  • Security deposits
  • Common area maintenance obligations
  • Exclusivity and use rights 
  • Fraud claims
  • Holdover tenants
  • Lease extensions and purchase options
  • Audit rights 
  • Tenant improvements and other construction disputes
  • Co-tenancy obligations
  • The Americans with Disabilities Act

Unlawful detainers: With extensive expertise in unlawful detainer actions, we understand the importance of obtaining possession quickly when tenants default.

  • Property and ownership disputes:
  • Purchase or sale of real estate
  • Property ownership and partnership disputes
  • Partition actions
  • Non-disclosure claims
  • Escrow disputes
  • Commission disputes
  • Easement disputes
  • Nuisance claims
  • Quiet title actions
  • Neighbor disputes

First Amendment access issues: We have helped clients develop access rules and regulations to allow owners reasonable control over the use of their properties. 

ADA issues: We have defended against disability access claims and advised property owners on ADA compliance. 

Creditor’s rights and bankruptcy: We represent commercial creditors, real estate owners, and real estate managers in bankruptcy cases, nationwide. We provide strategic advice and advocacy when our clients encounter opposing parties in financial distress or insolvency proceedings. This includes:

  • Cases under Chapters 7, 11, and 13 of the Bankruptcy Code
  • State court proceedings after an assignment for the benefit of creditors
  • Protection of rights to enforce lease obligations
  • Recovery of post-petition rent
  • Regaining possession
  • Obtaining maximum recovery when a lease is rejected

Land use and development: Our attorneys are deeply involved in their local communities, and we use that regional perspective to fashion pragmatic win-win solutions if a land use or development issue proceeds to litigation.

Environmental issues: We coordinate environmental due diligence, advise on investigation and remediation of contamination, and handle enforcement actions related to, hazardous substances, including:

  • Asbestos
  • Lead-based paint
  • Radon
  • Mold contamination
  • Statutory notification requirements
  • Abatement requirements
  • Enforcement actions



Key Contacts

Mohammad Walizadeh
Mohammad Walizadeh
San Rafael, CA

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