Real Estate Litigation
Matters
Private Developer – Real Estate Litigation
Newmeyer Dillion partners, Philip Kopp and Leonard Polyakov, negotiated a multi-million dollar settlement on behalf of their client, a private real estate developer, in a breach of contract lawsuit against a land seller over property contaminated with asbestos.
Small Business Owner/Prescriptive Easement, Trespass
Substituted in as counsel for client in prescriptive easement action where client had spent well over $100,000 in pleadings practice and had yet to receive a settlement demand from plaintiff after 18 months of litigating. Negotiated settlement at a fraction of the initial relief demanded by plaintiff by conducting tactical discovery and preparing an aggressive motion for judgment on the pleadings after settlement conference judge opined the matter would never settle.
Real Estate Developer, Contract Defense
A real estate developer agreed to sell a rare undeveloped parcel in San Francisco subject to all easements of record. The buyer, who prepared the purchase agreement, discovered an easement that the seller thought had been removed. The buyer claimed a right to purchase the property at a lower value. Jim represented the developer at trial, prevailed and obtain a judgment in the seller’s favor for the attorney’s fees incurred in litigating the case.
Los Angeles Inverse Condemnation
Represented large Los Angeles’ entertainment venue in inverse condemnation, nuisance, and 42 U.S.C. §§ 1983, 1985, and 1986 action against the City of Los Angeles and the Los Angeles Police Department.
Elimination of Real Property Encroachments and Easements
Cleared up dozens of golf course encroachments and claimed exclusive and non-exclusive easements by neighboring property owners.
Breach of Commission Suit
Recovered a commission finder’s fee for a client that produced a ready, willing and able buyer for a large residential/commercial project.
Litigation Dissolves Development Partnership
The firm successfully resolved a contentious case involving a housing developer in San Diego. The building partnership came to a halt when its financial backer stopped paying construction costs, resulting in significant defaults. Ensuing litigation ultimately disentangled the parties involved and dissolved the partnership.
Successfully Negotiated settlement of catastrophic injury case on construction project
In this matter, the claimant was a young construction worker who suffered serious electrocution related injuries. Working on behalf of a developer client, through nuanced understanding of venue, jury pool, and defense arguments to liability, Jacqueline managed to persuade Plaintiff to take a massively reduced settlement funded by insurance.