Cases
Representative Experience: Tenant's Purchase Options
Commercial Real Estate
Right of First Refusal
Alameda County Superior Court
Defendant Real Estate Broker
Agent
Real Estate
Represented a national commercial real estate broker
agent in connection with a dispute over the validity of a tenant's attempt to exercise purchase options.
After vigorously pursuing the litigation for two
a half years, our high professional st
ards required us to withdraw from the matter due to a previously undisclosed conflict of interest between the broker
the agent. The matter settled less than a month later.
Commercial Real Estate
Option to Purchase
Alameda County Superior Court
Defendant Real Estate Agent
Broker
Real Estate
An action against our client arose from a tenant's failed attempt to exercise an option to purchase a commercial building in Livermore. The broker
agent were sued along with the building's owner following the owner's refusal to proceed with the sale based on his belief that a financing contingency that was part of the option to exercise was invalid, on its face,
that the option had expired.
The matter was amicably resolved on terms favorable to our client.
Collections
Alameda County Superior Court
Defendant Debtor
Banking/Consumer Credit
Represented a client in a collections matter in which our client owed to a major credit company.
The matter was resolved
settled with the creditor for approximately 40% of the debt owed to be paid over a period of time. The case was dismissed.
Real Estate
Litigation
Superior Court of California, County of Santa Clara
Plaintiff Home Owners
Real Estate
Represented the plaintiffs, home owners, in a case involving defaulted loans from prior owners of high-end residential property. The previous owners took out an equity line on the property, claimed that they had paid-off that equity line
then failed to properly release their equity line after alleged pay-off. Thereafter, our clients purchased that property in a short sale. The opened credit line was not disclosed during the sale of the property. In fact, all information available to our clients indicated that the equity line was closed prior to sale. Soon after purchase the creditor recorded a notice of default against the property based on alleged nonpayment under the deed of trust.
Obtained a temporary restraining order
preliminary injunction to protect our clients' home, then received a settlement dem
of $560,000 to which we responded with an offer of $10,000. After preparing a motion for summary judgment, the case settled for $10,000 to the relief of our very nervous client.
Self-Storage Facility
Joint Owners
Partition
San Mateo County Superior Court
Defendant Self-Storage Facility Owner
Real Estate
Defended the owner of a self-storage facility located in Redwood City that was jointly owned with the plaintiff for decades before their differences became too great. The plaintiff sought a partition of the property,
the parties disagreed over the accounting for the business
the compensation of the managers.
The lawsuit was stayed under the stipulated interlocutory judgment. We represented the defendant in multiple hearings before the referee
either won rulings in the defendant's favor or reached compromises favorable to the defendant. The property is up for sale
has several offers, including offers from both parties.
Merger
Non-Competition Clause
Staffing Company
San Francisco County Superior Court
Defendant National Staffing Company
Real Estate
Defended a national staffing company in an action involving the effect of a non-competition clause following one of the parties entering into a merger .
Sucessfully issued a demurrer
a dem
for arbitration which created leverage for a global settlement involving the staffing company, the merging company/individual
the non-merging company.
Real Estate
Partnership
Contract
Sale
Defamation
San Mateo County Superior Court
Defendant Property Owner
Real Estate
Represented a defendant in an action involving a dispute as to the ownership interest in
ultimate sale of a parcel of real property located in Redwood City, County of San Mateo,
a dispute as to the terms of a separate oral agreement regarding a stock transaction.
The matter was settled at the m
atory settlement conference approximately two weeks before trial on terms advantageous to our client.
Partnership
LLC
Denial
San Francisco County Superior Court
Plaintiff LLC Member Cable Television Provider
Real Estate
Immediately filed a civil complaint
sought an injunction to prevent the defendant's lockout of the plaintiff, our client, from a company. This application for injunctive relief brought the defendant to the negotiating table, where the parties resolved several of the issues in the complaint.
The matter was eventually settled
the plaintiff was restored to his rightful place in the company. RMKB has since assisted the plaintiff in purchasing the defendant's interest in the company
breach
construction
contract
ab
onment
admissions
summary
judgment
Monterey Superior Court
Plaintiff homeowner
Business And Commercial Litigation
Our client hired the defendant (a general contractor) to build a home, but the defendant ab
oned the project before completion, walking off the job in the middle of winter. Our client hired another contractor to complete the project at a substantial cost increase, then sued the defendant for the difference.
Defendant failed to respond to discovery requests for several months, after which successfully moved for the requests to be admitted as a discovery sanction. We subsequently prevailed on summary judgment
obtained the full amount sought in the complaint, along with reimbursement of our client's attorneys' fees.
holdover
tenant
l
lord
buyer
seller
unlawful
detainer
Santa Clara Superior Court
United States District Court, District of Northern California (San Jose)
Plaintiff purchaser of real property/l
lord
Real Estate
Our client purchased residential real property in Palo Alto, but after close of escrow
a one month seller rent-back, the seller refused to vacate the property he had already sold our client. We had to file an unlawful detainer complaint to evict the seller. The day before trial, the seller attempted to remove the action to federal court
filed a federal cross-complaint.
After a one day bench trial on the unlawful detainer during which we called
defended multiple percipient witnesses, we obtained a judgment in favor of the l
lord, including an award of $53,500 in holdover damages
reimbursement of the l
lord's attorneys fees. We immediately obtained a writ of possession
evicted the holdover seller from the property. We filed
opposed several motions in federal court before the Court, reminded in one of our oppositions that it had not ruled on the removal request, denied the request
dismissed the federal cross-complaint.
