Anish J. Banker
Mr. Banker is an accomplished civil litigator with extensive experience in handling a wide array of general and complex commercial, real estate and business litigation matters. He has a proven track record of achieving favorable results for his clients. His practice is concentrated primarily on eminent domain, inverse condemnation, and related real estate litigation and valuation disputes, including landlord-tenant disputes. Mr. Banker regularly advises real estate developers, financial institutions, institutional investors, private property owners and business owners in all aspects of eminent domain and inverse condemnation matters, and has successfully resolved some of the largest, complex land acquisition and valuation disputes in Southern California.
Mr. Banker has been consistently named a Rising Star in Eminent Domain, 2012 - 2018 in Law & Politics magazine's Southern California Super Lawyers - Rising Stars, a designation given to the top 2.5% of attorneys in California. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
- Representative Cases
- Caltrans v. Newport Diversified, Inc. (Combined Initial Offer: $606,308.00; Result: $6.75 million PLUS). Represented property and business owner of the Santa Fe Springs Swap Meet in a part-take action where Caltrans took temporary and permanent easements along the property's frontage for the I-5 freeway widening project. Initially, Caltrans attempted to minimize the project impacts and damages of its takings by piece-mealing the litigation into 3 separate actions over multiple years. After protracted litigation regarding entitlement to purported "temporary" losses, the matter settled shortly before trial for $6.75 million PLUS, including replacement property rights.
- Sand Canyon Service Station, Inc. v. City of Irvine, Orange County Transportation Authority (OCTA) -- (Initial Offer: $0; Result: $300,000) Represented business owner of ConocoPhillips 76 service station and convenience store in an inverse condemnation action as a result of the City's and OCTA's temporary closure of one of the property's driveways. Before my involvement, the City denied the business owner's claim for compensation outright; and maintained the position that the City was not legally responsible for the business owner's (who, at that time, was represented by 2 prior law firms) damages, because the City had not formally "acquired" any portion of the gas station and convenience store. The City maintained this position for over 3 years. After my involvement, the agencies settled the matter at mediation within approximately 8 months of filing our complaint in inverse condemnation.
- Long Beach Redevelopment Agency v. Hit & Miss -- (Initial Offer: $97,390; Result: $601,500). Represented property owner of a small corner lot off of PCH highway improved with an independent gas station in a part-take action where the Redevelopment Agency sought to acquire less than 10% of the property's frontage for a road widening project. Initially, the Redevelopment Agency offered $97,390 for the taking. Approximately 90 days before trial, the Redevelopment Agency reduced its offer to $80,736, arguing that its project would actually benefit the remainder property's suitability for use as a gas station. Our client's position was that the project substantially impaired the property's existing use as a gas station during and after construction of the project. Based upon our efforts, the matter settled weeks before trial for $601,500.00, or more than six times the amount of the condemnor's deposited "probable compensation" and nearly 7.5 times the amount of the condemnor's valuation position at trial.
- City of La Mirada v. Majestic Realty -- (Initial Offer: $93,000; Result: $2.3 million). Represented property owner in a part-take action where City initially offered only $93,000 to take permanent and temporary easements along the perimeter of an approximately 6 acre industrial property. The case settled before trial in excess of $2.3 million.
- Pomona Unified School District v. Gateway Triangle Development, LLC -- (Initial Offer: $5.5 million; Result: $14.5 million). Represented property owner in a full-take action where the School District sought to take an urban infill site zoned for commercial use. The District initially offered $5.5 million, but tried to deduct over $2 million of its original offer for alleged remediation of potentially hazardous waste. At the time of the action, the developer was in the process of up-zoning the property for residential development. After extensive litigation regarding probability of zone change, environmental contamination and remediation costs, and even an attempt by the condemnor to partially abandon the taking, the matter settled shortly before trial for $14.5 million with no offset for any future environmental clean-up costs.
- Caltrans v. 7301 Artesia Blvd., LLC -- (Initial Offer: $301,000; Result: $1.25 million PLUS). Represented real estate developer in a part-take action of the former Nabisco factory along the I-5 freeway in Orange County. Caltrans' initial offer for various fee and temporary construction easements along the property's perimeter was $301,000. The matter settled on the day of trial for $1.25 million plus $350,000 in related improvements for the future development of the site.
- Palm Springs Unified School District v. Palm Investment Group -- (Initial Offer: $4,446,000; Result: $7.8 million PLUS). Represented property owner in a part-take action where the School District sought to take more than half of an undeveloped 70 plus acre lot in Riverside County for the construction of two new schools. The District initially offered $4,446,000. The matter settled weeks before trial for $7.8 million plus an additional $1.75 million of facility improvements.
- OCTA v. Cobblestone 1993, Ltd., et al -- (Initial Offer: $2,661,000; Result: $4.7 million). Represented property owner of a commercial shopping center located at the intersection of a major grade separation project in Placentia, California. OCTA's initial offer for various permanent and temporary construction easements located along the property's southeast perimeter was $2,661,000. The matter settled after mediation for $4.7 million.
- Caltrans v. Capistrano Enterprises, et al -- (Initial Offer: $1,049,000; Result: $2 million). Represented property owner of an industrial business park located in San Juan Capistrano along the I-5 freeway and SR-74. Caltrans' initial offer for various fee and temporary construction easements along the property's northwest perimeter was $1,049,000. The matter settled on the day of trial for almost double Caltrans' initial offer at $2 million.
- Caltrans v. Kardos -- (Initial Offer: $176,00; Result: $675,000). Represented property owner in a part-take action where Caltrans sought to take more than half of an undeveloped lot in San Bernardino County for the Interstate 15 and 215 Improvement Project. Caltrans initially offered $176,000. At mediation, Mr. Banker was successful in convincing Caltrans that the remainder property was not suitable for any type of commercial development. The matter settled at mediation for almost four times Caltrans' initial offer at $675,000.
- Caltrans v. Hankins -- (Initial Offer: $0; Result: $215,000). Represented business owner of a dental practice being displaced as a result of Caltrans' Interstate 5 freeway widening project. Initially, Caltrans made no offer of compensation for loss of business goodwill, and disputed the business owner's ability to relocate the dental practice. After discovery, we were successful in convincing Caltrans that the business could not be relocated resulting in a total loss of business goodwill.
- OCTA v. Lee, et al -- Represented business owner of family-owned and operated restaurant being displaced as a result of OCTA's grade separation project. Initially, OCTA made no offer of compensation for loss of business goodwill. We were successful in convincing OCTA that the business could not be relocated resulting in a total loss of business goodwill, for which the business owner was compensated, and also assisted the business owner in receiving relocation benefits under the Relocation Assistance Act to start a new restaurant.
- Caltrans v. Carl's Karcher Enterprises -- Successfully represented Carl's Karcher Enterprises for the displacement of a number of its corporate-owned restaurants located along the I-5 that were taken as a result of Caltrans' freeway widening project.
- University of California, Berkeley, B.S., cum laude, Business Administration (1998)
- University of California, Berkeley, B.A., cum laude, Economics (1998)
- University of San Diego School of Law, J.D., cum laude (2001)
- Court Admissions
- State of California
- U.S. District Court, Central District of California
- Professional Memberships and Activities
- State Bar of California
- Orange County Bar Association
- American Bar Association
- Other Professional Experience
- During law school, Mr. Banker served as a Judicial Extern to the Honorable Patricia D. Benke, California Appellate Court Judge, for the Fourth District, Division One.
- Practice Areas
- Business Litigation
- Alternative Dispute Resolution & Mediation
- Real Estate and Construction Litigation
- Environmental Litigation
- Eminent Domain and Valuation Litigation
- Condemnation and Inverse Condemnation
- Valuation Litigation