Litigation

Real Estate Litigation

Greenberg Glusker has earned a reputation as one of Los Angeles’ best real estate law firms.  Our Real Estate Litigation Group plays a critical role in this renown. We work closely with our Firm’s transactional department to provide full service to our real estate clients.

We represent a wide range of real estate clients, including residential and commercial developers, lenders, golf course operators, hotel and resort owners and operators, owners of office and shopping centers, tenants in office and retail properties, commercial and residential brokerage firms, title insurers, construction companies and real estate investors.

The Firm’s litigators prosecute and defend litigation involving contract, construction defect, environmental and landlord-tenant disputes.  We have particular success representing investors and developers in complex partnership disputes relating to the ownership and development of commercial and residential real estate projects.

In our eminent domain practice, we assist clients in responding to threatened takings of their real property interests by governmental and private entities that have threatened eminent domain.  Our efforts range from assisting property owners and tenants in preventing or limiting the scope of the taking, to maximizing both the compensation paid for the taking and our client’s share of the compensation.

We regularly handle disputes involving real estate and land use.  We assist clients in either the defense of, or challenges to, the validity of legislation and governmental decisions.  We represent clients in land use entitlements and zoning, moratoriums, conditional use permits, variances, coastal development permits, subdivisions, design review, redevelopment projects, building permits, rent control regulations, development fees and restrictions, and leases of government land.  We also advise clients in either defending or challenging the adequacy of project reviews under the California Environmental Quality Act (CEQA).

For more information, please contact Matthew Falley.

  • Represented StarPoint Properties, a Southern California real estate investment and management company, in obtaining dismissal at the pleading stage and an award of attorney’s fees in a dispute with a tenant over an appraisal provision in a ground lease respecting a major commercial property in Santa Monica.
  • Successfully represented homeowner's association in enforcing CC&Rs against a homeowner who had installed solar panels next to a public sidewalk. The homeowner was ordered to remove the panels in a case with significant implications on green energy measures. The verdict was recognized by the Los Angeles Daily Journal as one of the top 10 impact verdicts of 2009.
  • Obtained judgment in high six figures on behalf of affiliate of CityView Homes in breach of lease case against a Los Angeles based restaurant group regarding a loft development in the LA Arts District.
  • Represented a Southern California real estate investment and management company in obtaining complete reversal on appeal of trial court decision dismissing complaint which sought right to enter tenant’s property to conduct environmental testing and awarding attorney’s fees in favor of tenant.
  • Successfully obtained a jury verdict of $8.2 million plus punitive damages for a real estate client against her former investment partner in a complex breach of contract case
  • Represented a real estate developer in obtaining a settlement in excess of $15 million on the eve of trial in a dispute with his partner and a major luxury resort operator over the ownership and redevelopment of the former Hotel Twin Dolphin in Cabo San Lucas, Mexico.
  • Represented C. Preston Butcher and Legacy Partners in litigation against former partner Mack Pogue relating to disputes arising out of their complex "business divorce".
  • Represented Bridge Partners, the managing member of an interim owner of a large apartment complex. We defended an action by over 200 tenants and several cross-actions for indemnity by the subsequent owners for personal injuries and personal property damages.  We caused the client’s defense of the major actions to be undertaken by its insurer and continued to defend the client in the remaining actions, all of which were resolved by a favorable settlement.  We subsequently successfully defended against the insurer’s claim for allocation of the defense costs.
  • Defended Staples, Inc. in a claim, made by its former landlord, of breaches of the maintenance and improvement provisions of a store lease after vacating the leased premises. After a week-long bench trial, Staples prevailed and was awarded its attorney’s fees.
  • Advised owner of the largest leasehold in King Harbor, Redondo Beach, California in disputes with the city related to the exercise of option to extend lease term and litigation for declaratory relief.
  • Successfully represented the International Commercial Bank of China, now MEGA International Commercial Bank, in litigation in California and Hawaii involving the attachment of, and foreclosure on, luxury beachfront residences in Hawaii.
  • Represented a major Hollywood producer in obtaining $2.45 million settlement and a referee’s award in excess of $2 million resulting from construction defect claims against the general contractor and architects involved in the design and construction of a multimillion-dollar residence.
  • Represented a municipal airport sued by a terminated contractor for indemnity and damages based on claims of deficient plans and specifications and improper construction management. This action was settled favorably on the second day of trial.
  • In a civil rights case against the Redevelopment Agency of the City of Carson and the city’s former mayor, we obtained a jury verdict of over a million dollars. The jury found that the agency rejected our client’s redevelopment project because he refused to pay a bribe.
  • Successfully defended in the Superior Court and on appeal against a challenge, on CEQA and zoning grounds, to the approval by the California Coastal Commission of a coastal development permit for our client’s mixed-use development.
  • In an eminent domain case brought by Caltrans involving the taking of a pylon sign to enlarge a freeway off ramp and a portion of the sign owned by our client, we worked with other aligned property owners in obtaining dismissal of the case because of Caltrans’ failure to comply with statutory notice requirements.
  • In an action brought by the City of Culver City seeking to terminate oil and gas leases burdening a city park, we successfully resisted the oil company’s motion for summary judgment on grounds that induced the oil company to settle on a basis favorable to the city.
  • Obtained a complete defense verdict after a multi-week trial on behalf of entities controlled by the Pritzker family in a multimillion-dollar lawsuit brought by SunAmerica arising out of a right of first refusal in connection with real estate investments.
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