Real Estate Litigation

Practical Solutions to Your Litigation

Real estate’s significance for nearly every business and individual makes it a common subject of litigation.  Lurie, Zepeda, Schmalz, Hogan & Martin represents all parties involved in real estate matters – developers, landlords, tenants, brokers, financial institutions and individuals – in wide-ranging disputes.  Whether you are embroiled in high-stakes litigation or private arbitration, we strive to conduct a thorough investigation, then plan and implement a strategy to achieve your goals as quickly and cost-effectively as possible.

We frequently resolve real estate disputes pertaining to:

Won permanent injunction against a city to stop it from tearing down client’s retaining wall.  Obtained writ of mandate to direct the city to approve the wall following a bench trial in Orange County Superior Court.

Successfully won a summary judgment in favor of client in a breach of contract claim against sellers of residential property, receiving a prevailing party attorney’s fee award exceeding $270,000.

Spearheaded the defense of a multi-million dollar fraud/breach of contract case arising from the sale of a well-known Westside office/entertainment complex.   Used summary adjudication motions to eliminate fraud causes of action, prompting a favorable settlement shortly before trial.

Won $2.4 million arbitration award for plaintiff in real estate joint venture dispute with developer.  Developer deprived client of profits in the venture by refusing to sell joint venture properties to ready, willing and able buyers.  

Won $400,000 arbitration award, confirmed as court judgment, for clients against a San Diego-based investment company in a dispute arising from the investment company’s acquisition of a residential care facility in a bankruptcy settlement.

Successfully obtained reversal of trial court’s judgment on issue of clients’ implied easement rights with respect to a parking lot adjoining clients’ apartment complex.   

Successfully settled a lease dispute regarding a winery on behalf of lessee.  Client had leased a winery for five years, without the advice of legal counsel.  After the lease was terminated, the landlord contended that the former tenant had not replenished the wine inventory and had not left the wineries in their original condition.  Our client cross-complained, alleging the landlord had failed to return property and compensate them for the value of tenant improvements.