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.

Some of Our Real Estate Litigation Cases

  • Successfully defended a real estate developer in a $16 million lawsuit alleging he had publicized a city’s intentions to take plaintiff’s property through eminent domain, thereby reducing the property’s value and interfering with the plaintiff’s business operated on the property. 

  • After convincing the court to conduct a one-day bench trial on the defense of “sham guaranty,” obtained a ruling by the court that the client was not liable to pay on a guaranty of a $24 million loan on a commercial property in Beverly Hills’ “Golden Triangle” because the guaranty was subject to California’s anti-deficiency statutes.  

  • Successfully defended shopping center developer against former secured lender’s claim for $1.5 million “exit” fee after client refinanced loan. Lender had failed to demand the exit fee at the time the loan was refinanced and deed of trust re-conveyed. Notwithstanding lender’s claim of inadvertent error, persuaded court that “one-action” rule governed and that lender had waived its security interest and therefore waived its claim for further monies. Defeated lender’s claims on quickly set motion for summary judgment based on anti-deficiency law defenses. Collected entire award of fees, including a $50,000 “bonus” over actual attorneys’ fees incurred based on “reasonable fee” argument.

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