Cases
Representative Matters: Pacho Limited Partnership v. Eureka Energy Co., San Luis Obispo County No. 19CV-0158. Represented client Eureka Energy as property owner in case involving application of Civil Code section 717 to long term lease of Wild Cherry Canyon, 2,400 acres of pristine coastline near the Diablo Canyon Power Plant. Judgment entered in favor of client following trial.
Pear v. CCSF (2021) 67 Cal. App.5th 61 - Represented property owner regarding surface use of Hetch Hetchy pipeline property. Judgment entered in favor of client following trial
appeal.
Weseloh v. County of Santa Cruz, Santa Cruz County No.18CV03315. Represent County of Santa Cruz in case filed by owners of beachside rental homes challenging accepted dedication of walkway between homes
beach for public use.
Patterson Frozen Foods, Inc., et al. v. Traina Pacific LLC, et al ., Stanislaus County Superior Court No. 684866, 6th District Court of Appeal No. H047357, H047368. Represented client in dispute regarding claimed easement for wastewater recycling relative to vegetable processing facility. Court entered judgment in favor of client
ordered plaintiff to pay client in excess of $1,300,000 in costs expended in connection with the litigation. The decision was affirmed on appeal.
Napa County v. Bremer, Napa Superior Court No. 17CV000884. Represented Napa County in enforcement action against winery relative to nature
extent of operations allowed under use permit, as well as County Code
Building Code violations. Matter settled shortly before trial on terms favorable to County,
stipulated judgment entered.
Marina Community Partners, LLC v. Fort Ord Reuse Authority, Monterey County Superior Court No. 18-cv-000871. Represented developer in securing reimbursement for removal of World War II era ab
oned army buildings at the former Fort Ord Army Base in the City of Marina. Reimbursement allowed future phases of redevelopment
reuse to proceed.
Hacienda Ranch Homes v. Superior Court (2011) 198 Cal.App.4th 1122 - Represented co-tenant of commercial property in defending claims based on tax deed irregularity
adverse possession. Prevailed on summary judgment.
Sherwin-Williams Company v. City of Emeryville
Emeryville Redevelopment Agency (9th Cir. 2010) 621 F.3d 1251. - Successfully represented l
owner in Polanco Act proceeding in which l
owner sought contribution for clean-up costs.
County of Sacramento v. Superior Court (2009) 180 Cal.App.4th 943. - Defended developer
l
owner in connection with l
use
CEQA challenges to proposed 400,000 square foot commercial/retail development. CEQA claims dismissed based on failure to timely request hearing.
City of Marina v. Board of Trustees of CSU (2003) 109 Cal.App.4th 1179 [Court of Appeal], (2006) 39 Cal.4th 341 [Supreme Court]. - Represented California State University in writ of m
ate action involving l
use issues
CEQA approvals relative to the Campus at Monterey Bay. Prevailed on l
use consistency issues.
People v. One Parcel of L
(1991) 235 Cal.App.3d 579. - Represented building owner in forfeiture action relating to apartment building. Judgment entered in favor of client following court trial
appeal.
City of Arcata v. Humboldt State University - Defended University in CEQA challenge relative to addition of new facilities. Judgment was entered in favor of client following trial
appeal.
City of Rialto v. Department of Defense - Defended municipality in federal cost recovery actions involving TCE
perchlorate contamination in the Rialto/Colton basin. Obtained water replacement order
other relief.
Santa Clara County Housing Authority v. Trustees of the DeRose Ranch Family Trust, et al., Santa Clara County Superior Court No. 19-cv-34799 . Successfully represented client, Santa Clara County Housing Authority, to acquire property located in San Jose for the purpose of continuing to provide existing affordable housing to very low
extremely low income senior citizens.
WSAFCA v. Seecon - Represented property owner
developer in condemnation of property for levee project. Settled case shortly before trial for nearly four times original offer of compensation.
Sywest v. Richmond/BART - Represented property owner in inverse condemnation action relating to property damage resulting from construction of public parking garage. After prevailing on dispositive motions, settled for recovery of entire cost of remediation
attorneys' fees expended.
Peralta Community College District - Represented community college district in eminent domain proceeding for acquisition of site for new community college (Berkeley City College) in downtown Berkeley.
Pleasant Hill Center/CalTrans - Represented owner of shopping center in connection with condemnation proceeding brought by CalTrans in connection with the widening of Interstate 680. Favorable judgment for client following jury trial.
Contra Costa Retail Center v. Bally - Represented l
lord in breach of lease action against tenant arising from 'net worth' warranties in lease. Judgment entered in favor of client following trial
appeal.
Century Theatres v. Lincoln-Larkspur Office - Prosecuted case for preliminary injunction
for injunctive
related relief relative to interference with theater operation. Injunction issued in favor of theater operator client
matter settled favorably thereafter.
Shapell v. Lunardi - Represented grocery chain in connection with claimed breach of 'continuous operation' covenant in commercial lease. Defeated application for injunction to enforce provision. Case resolved on favorable terms thereafter.
Gasoline Alley v. Stadium Promenade - Represented l
lord in dispute involving alleged breach of non-competition clause in commercial lease agreement relating to simulated car racing facility. Judgment entered in favor of client following jury trial.
Pacific Plaza v. HPMC - Represented theater tenant in arbitration relating to challenge to management fees
level of maintenance of commercial shopping center. Arbitration award
judgment entered in client's favor.
Confidential (pre-lawsuit mediation) . Represented client, a waste hauler
recycler, in the negotiation of an amendment to a waste recycling agreement
readjustment of the financial terms following changes to recycling market precipitated by 'China National Sword' orders
regulations. Resolution allowed client to continue to provide the recycling service to the community.
City of King City v. Community Bank of Central California (2005) 131 Cal.App.4th 913. Defended Community Bank of California in action by redevelopment agency to avoid resort to collateral for a multi-million dollar community development loan. Judgment entered in favor of client following trial
appeal.
Outfront v. Caltrans - Represented outdoor advertiser in challenging civil penalties imposed by Caltrans. Judgment entered for client after trial.
ALTA Mortgage Impairment Matters - Represented American L
Title Association in litigation in federal
state court involving issuance of mortgage impairment/lien priority insurance by non-licensed insurers.
Hanson v. Moss Codilis/In re Ocwen Federal Bank Mortgage Servicing Litigation - Counsel for defendant in class action/federal multi-district litigation relative to mortgage servicing issues.
Confidential - Represented owner of $30,000,000 office building in action by limited partner alleging partnership interest. Prevailed following binding arbitration.
