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 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.  

  • Successfully represented three clients in breach of agreement claims against a cemetery corporation regarding an agreement entered in 1924.  After one-month bench trial, during which we thoroughly discredited defendant’s complex financial models as inaccurate and inconsistent, court issued judgment in favor of clients for the full amount of requested damages.  

  • 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 represented nationally-chartered bank with respect to fraudulent loan applications submitted by California-borrowers in connection with purchases of investment properties in Florida.  We overcame California’s complex anti-deficiency laws through a strategy whereby deficiency judgments were obtained in Florida and domesticated and enforced in California.  Numerous borrowers filed for bankruptcy protection.  We successfully settled those actions on favorable terms after filing complaints to have the debts deemed non-dischargeable.

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