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
News & Resources
California Court Decision Creates Uncertainty as to the Ownership of Aggregate Resources on Land Subject to General Mineral Reservations
The recent California Court of Appeals decision in Vulcan Lands Inc. et al. v. Victoria Older Currier et al. 2023 WL 8821307 challenges the long-standing interpretation of mineral rights in land deeds. Contrary to the Bambauer v. Menjoulet (1963) 214 Cal.App.2d 871 precedent, which excluded sand and gravel from general mineral reservations, the Vulcan decision recognizes these aggregates as "minerals" included in such reservations. This shift in legal interpretation impacts landowners and aggregate mining companies in California, introducing uncertainty in land use rights and potential legal disputes regarding the ownership and mining of aggregate resources.
Ready for California's Disruption of the Civil Discovery Act?
SB 235 requires most civil litigants to share information and documents supporting their claims and defenses at the outset of any case filed after January 1, 2024. Upon demand, parties will have 60 days to produce supporting witness information, documents, and insurance details. Intended to bring efficiency and swifter resolution to civil process, the new law adds to available discovery methods and may bring unsupportable claims to light early in the litigation process.
The Nuts and Bolts of Trust, Estate and Financial Elder Abuse Mediation
Dan Spector provides a practical guide to mediations of disputes involving trust, estate (which is used broadly to include contested conservatorships), and civil financial elder abuse (“FEA”) claims.
Ninth Circuit Finds Landlord Has Standing to Sue Over COVID-19 Eviction Moratorium
Ninth Circuit finds commercial landlord has standing to sue for alleged impairment of his contractual rights by LA County’s COVID-19 eviction moratorium.
New Case Confirms Co-Tenancy Clauses Are Generally Enforceable
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases