Erin B. Naderi

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Erin B. Naderi

Partner

Biography

Ms. Naderi's practice includes eminent domain litigation, complex business disputes and other real property litigation.  Ms. Naderi represents private landowners, business owners, commercial landlords and tenants in various phases of litigation including bench trials, jury trials and appeals. 

Ms. Naderi has represented clients in disputes concerning condemnation of real property, inverse condemnation, lease renewal valuations, breach of lease agreements, breach of purchase and sale agreements, breach of easements and CC&Rs, among others.  Ms. Naderi also advises developers and property owners on various aspects of land use entitlement disputes and California Environmental Quality Act ("CEQA") challenges. 

Her eminent domain experience includes cases concerning total and partial takings, direct and inverse condemnation, appraisal and valuation issues, precondemnation damages, loss of business goodwill, and severance damages.  Ms. Naderi represents property owners in relation to numerous types of public projects ranging from takings related to freeway and highway projects, street widening projects, high speed rail projects, and railroad grade separation projects. 

Well versed in all aspects of complex civil litigation, Ms. Naderi handles pre-filing strategy, drafting and responding to pleadings, motions and discovery.  Ms. Naderi has successfully represented private landowners, business owners and individuals in various phases of litigation including arbitrations, mediations, high stakes trials and before the California Court of Appeal and California Supreme Court.

Of the more than six appellate cases she has handled during her career, Ms. Naderi’s most notable involved securing a favorable California Appellate Court decision on behalf of her clients in a published case, Abers v. Rohrs (2013) 217 Cal.App. 4th 1199.

Representative Matters:

  • Abers v. Rohrs -- Successfully represented the landowner in a land lease rent adjustment arbitration against the owners of 150 leasehold condominium units.  A significant arbitration award was issued against the ground lessees.  The leasehold owners argued for no adjustment.  The rent adjustment achieved for the client against each one of the leasehold owners was approximately 25 times higher (2500%) than the existing rent.  Post-arbitration, the unit owners attempted to challenge the arbitration award.  Successfully defeated the challenge to the arbitration award in the Superior Court and in the California Appellate Court in a published case (Abers v. Rohrs (2013) 217 Cal.App.4th 1199).
  • City of Tustin v. "A" -- Part of trial team that received a $70 million jury verdict in an eminent domain case.  After post-trial motions, parties agreed to settlement in full of approximately $76 million.
  • State of California v. "L" – Successfully represented one of the largest and most respected privately held multi-family real estate companies in Southern California in an eminent domain litigation involving a partial taking along the perimeter of the private property which was operated as an apartment complex.  The State's initial offer was $354,000.  The case settled prior to trial for $7.5 million. 
  • OCTA v. "J" -- Successfully represented individual property owner and business in an eminent domain proceeding brought by Orange County Transportation Authority to acquire our client's business location that served as an office and staging yard.  OCTA's acquisition was a partial taking along the side of the client's property for OCTA's railroad grade separation project.  OCTA's initial offer was $1,095,000.  The case settled prior to trial for $2,800,000 for a full take with our client able to rent the property back for three years for nominal rent. 
  • "CIC" v. "C" --  Successfully represented a condominium association in an eminent domain proceeding brought by a quasi-public water company to acquire an approximately 4,000 square-foot easement for an underground water line across the association's parking lot/common area.  The initial offer was $20,000.  The case settled before trial for $306,000. 
  • "C" v. "E" -- Represented the defendant corporation in a breach of contract and breach of warranty case for a machine it sold to plaintiff.  The plaintiff used the equipment for the entire warranty period and then complained that "it never worked right."  At trial, plaintiff sought over $750,000 in damages.  After trial, the jury awarded approximately $350,000 in damages to the Plaintiff.  After the filing of post-trial motions, the case settled for $280,000. 
  • "R" v. "B" -- Successfully represented the ground lessor in a 2007 court trial in the Orange County Superior Court.  The Plaintiffs (ground lessees of 150 individual residential ground leases) and the Community's Association filed suit alleging numerous challenges to the leases and the rental adjustment provision.  The trial court found against the plaintiffs on all causes of action and ordered arbitrators to determine the fair market value in order to assess the correct rent adjustment.   
  • City of Anaheim v. "H" -- Successfully represented world leading hotel company and lodging and travel center real estate investment trust in a writ proceeding against the City of Anaheim.  The City had provided an approval to client in 1999 pertaining to a future condemnation of client's property.  As part of the pending condemnation action it filed years later, it tried to "undo" its 1999 approval, in part, by adopting an additional resolution.  The additional resolution impacted the property owner's substantial rights.  Represented clients through the administrative appeal process with the City, filing of a writ proceeding, lengthy briefing process and a court trial.  The trial court held that the City's resolution, that was styled as a zoning decision, was invalidated. 
  • "B" v. "M"  -- Successfully represented landowner in a dispute arose with its neighbors in a commercial center.  The properties were bound by CC&Rs and shared parking and access easements.  Represented plaintiff B in filing an action against its neighbor that was storing more than 100 new car inventory on our client's property.  Successfully sought a temporary restraining order at the inception of the case and a preliminary injunction that ordered the neighbor to remove the new car inventory from our client's property and refrain from using our client's property until final adjudication of the matter.  The defendants filed an appeal challenging the preliminary injunction order.  Successfully defeated the challenge to the preliminary injunction in the California Appellate Court in an unpublished case. 
  • "R" v. various -- Filed numerous quiet title actions on behalf of a landowner to clear title; successfully obtained temporary restraining orders and preliminary injunctions to stop improper lender foreclosures from proceeding that would threaten our client's priority security interest in the property. 

 

  • Education
    • University of California, Irvine, B.A. (2002)
    • Loyola Law School Los Angeles, J.D., Order of the Coif, St. Thomas More Law Honor Society, cum laude (2006)
  • 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
    • Orange County Women Lawyers Association
  • Published Decisions
    • Ms. Naderi was instrumental in securing a favorable published appellate decision in Abers v. Rohrs (2013) 217 Cal.App.4th 1199.
  • Practice Areas
    • Litigation
      • Business Litigation
      • Alternative Dispute Resolution & Mediation
      • Real Estate and Construction Litigation
    • Eminent Domain and Valuation Litigation
      • Condemnation and Inverse Condemnation
      • Valuation Litigation
      • Lease Renewal Valuations