Converse Consultants v KCB Investments
Successfully defended commercial landlord against tenant for fraud related to the leased building’s condition and for rescission of triple-net lease agreement. Achieved dismissal of all of tenant’s fraud and breach claims through four consecutive motions for summary adjudication, and prosecuted cross-complaint against tenant for breach of lease. While the building contained construction and/or design defects, convinced court that fraud claims were untenable because the lease agreement was on “as is” basis and the tenant was an engineering firm. Immediately before jury trial, settled client’s claim against tenant for damages relating to breach of lease on terms favorable to client. Secured tenant’s eviction, allowing client to timely contribute property to new shopping center venture.