Litigation Archive

Eminent Domain Group Awarded Over $3.2 Million January 2012
In C. v. Caltrans, partners, Michael H. Leifer and Michael L. D'Angelo, of the Eminent Domain practice group, submitted an inverse condemnation matter to arbitration.  The arbitrator issued an award against Caltrans for more than $3.2 million.  Caltrans' position was initially to deny liability and compensable damages.

Will and Trust Declared Invalid Due to Undue Influence
April 2010 — After an eight-day trial involving a multi-million-dollar estate, a trial team including Partner Don Fisher, Partner Elise M. Kern and Paralegal Theresa Black obtained a trial court judgment setting aside a will and trust. The trial judge determined that the invalidated estate plan was the result of undue influence exercised by the decedent's sister.

Trial Team Obtains Award of Over $9.5 Million
A trial team including Partner Don Fisher, Partner Elise M. Kern and Paralegal Theresa Black represented the plaintiff in a trial which resulted in an award of over $9.5 million. The litigation related to a residential real estate project and involved allegations of fraudulent transfers and violations of Corporations Code provisions which govern distributions from a limited liability company.

Appellate Reversal of Trial Court Judgment
Partner Elise M. Kern obtained a full reversal in the Second District Court of Appeal in Los Angeles of a trial court judgment. The case involved the rental provisions of a long term ground lease of a shopping center property. In a unanimous decision, the Court of Appeal determined that the trial court erred in adding language to a ground lease under the guise of interpreting the lease.

Eminent Domain Group Successfully Defends Land Lease Adjustment September 2011
In B. v. R., partner Michael H. Leifer and associate Erin Balsara Naderi, of the Eminent Domain practice group, represented the landowner in a land lease rent adjustment arbitration against the owners of 150 units.  A significant arbitration award was issued against the unit owners.  Post-arbitration, the unit owners attempted to challenge the arbitration award.  Mr. Leifer and Ms. Naderi successfully defeated the challenge to the arbitration award in the Superior Court.

Client Prevails in Dispute With Commercial Tenant
May 2011 — Partner Don Fisher represented a bank in a dispute with a tenant following a foreclosure on a commercial property. The case involved a defense by the tenant that over $500,000 in rent had been pre-paid to the prior property owner. The case involved legal issues related to the priority between the lender's deed of trust and amendments to the recorded lease. The trial judge issued a judgment for eviction of the tenant and an award of unpaid rent.