Lease & Property Management Disputes

Lease & Property Management Disputes

Overview

Cox, Castle & Nicholson represents commercial landlords, tenants, and property managers in a wide range of complex leasing and property management disputes in court, by mediation, and through arbitration or judicial reference.

Our attorneys have handled a broad variety of commercial and ground lease disputes ranging from breach of lease agreements, interpretation of lease terms, common area maintenance (CAM) charges, and holdover tenancies, through valuation and rent adjustments, rights of first refusal, anchor and co-tenancy clause violations, and damage and remediation claims. We often consult with our transactional commercial leasing attorneys to ensure that we are approaching every dispute from both a business and litigation perspective in order to best serve our client's goals.

Given our firm's real estate expertise and focus, we have substantial relationships with appraisers and experts who are knowledgeable about the different methodologies for valuing commercial property. As a result, we have successfully represented our clients in achieving, whether through negotiation or by way of arbitration or trial, the rental valuation they desire. We also are very experienced in navigating through the complex unlawful detainer statutes and expeditiously evicting commercial tenants through unlawful detainer actions.

Whether it is negotiating the terms of a settlement, or fighting aggressively in the courtroom, we understand how to effectively and efficiently handle every type of lease and property management dispute.

Representative
Matters

Successfully negotiated lease amendments and stipulations for entry of judgment for possession with tenants on behalf of developer to remove commercial tenants from the Oakland Army Base in advance of the City of Oakland's redevelopment of 170 acres into a business and port logistics center. 

Represented a management company in dispute with HOA over duty of management company to repair construction defects on decking of 84 high-end condominium units.

Negotiated a settlement in favor of a shopping center owner and restaurant operator of a sports-themed restaurant against claims by another tenants that its co-tenancy clause requiring a "high scale restaurant" in the shopping center had purportedly been violated.

Obtained summary judgment holding in client's favor on commercial lease dispute in which the tenant asserted breach of lease and constructive eviction for: (i) landlord's use of the vacated space for landlord's own purposes; and (ii) landlord's refusal to negotiate a potential sublease for an alternate use of the space.

Recovered approximately $2 million for water damage and remediation costs resulting from national property manager's failure to timely respond to widespread water intrusion and mold growth.

Obtained a favorable jury verdict for a REIT landlord against a biochemical research company tenant who had failed to decommission a radioactive materials license issued by the Department of Health Services. Also obtained prejudgment writ of attachment.

Represented a commercial landlord in dispute with large retail shopping center tenant over rent adjustments based on co-tenancy provision in lease and successfully negotiated a settlement before commencing litigation.

Negotiated a settlement in favor of landlord for damages caused by abandonment of high-end art gallery tenant before filing suit.

Attorneys &
Paralegals

Name Title City Phone  
Galuppo, Lynn T. Senior Counsel Orange County 949.260.4641
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Gold, Karen I. Associate Los Angeles 310.284.2284
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Hamidi, Ali P. Partner San Francisco 415.262.5106
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Hughes, Perry S. Partner Los Angeles 310.284.2276
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Kitchen, Jonathan S. Partner San Francisco 415.262.5168
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Kranz, Frederick H. Partner Orange County 949.260.4626
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Mocciaro, Perry D. Partner Los Angeles 310.284.2234
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Potter, Trevor B. Associate Orange County 949.260.4624
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Purvis, James M. Associate San Francisco 415.263.5514
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Quigley, Edward F. Partner Los Angeles 310.284.2271
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Sullivan, Mark B. Senior Paralegal Los Angeles 310.284.2296
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Vaz, Alicia N. Partner Los Angeles 310.284.2273
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