Real Estate/Real Property

REPRESENTATIVE CASES

• Settled a case where action for partition, accounting, and financial elder abuse arising from a familial dispute over ownership of a single-family home. Issues include a potential buyout of the property or specification of listing it for sale, a determination of each party's interest, and possible credits or reimbursements owed.

• Case not Settled regarding actions against a homeowner's association after alleged failures to enforce acts

• Challenge to default judgment against owner of an apartment building alleged to be maintained as a public nuisance in violation of the Unreinforced Masonry Building Ordinance, public nuisance, violations of the State housing law and San Francisco Housing Code, noncompliance with an order of abatement, and unfair business practices.

• Dispute involving successive unlawful detainer actions against subtenant with cross action for wrongful eviction, malicious prosecution and tenant harassment.

• Breach of contract, declaratory relief and specific performance action regarding a rent controlled apartment and stipulated agreement to vacate the premises. Affirmative defenses included creation of a renewed tenancy, inadequate consideration, adequate remedy of damages, and violation of public policy as expressed in the San Francisco Residential Rent Stabilization & Arbitration Ordinance.

• Unlawful detainer action involving the City and a recycling center that alleged affirmative defenses of discriminatory and retaliatory eviction. Request for protective order to prohibit the deposition of the lieutenant governor.

• Handled commercial lease dispute alleging causes of action for declaratory relief and breach of contract concerning insurance coverage. Issues included lease interpretation, waiver and estoppel, damages, and determination of existence of prevailing party under the lease.

• Handled dispute alleging nuisance and negligent infliction of emotional distress claims against condominium association and owners of the unit above for an alleged violation of the floor covering regulations resulting in interference of the quiet enjoyment of plaintiff's condominium.

• Handled real estate transaction suit alleging causes of action for misrepresentation, breach of warranty, fraud, and declaratory relief.

• Dispute between condominium owners resulting in causes of action for defamation, breach of fiduciary duty, nuisance, and indemnity and contribution.

• Handled unlawful detainer action with counterclaim of wrongful eviction, malicious prosecution, and tenant harassment.

• Settled pre-litigation landlord tenant case involving interpretation of the San Francisco Residential Rent Stabilization and Arbitration Ordinance, nonpayment of rent, and relocation buyout agreement.