Real Estate Litigation

Real Estate Litigation

Overview

Cox, Castle & Nicholson was founded primarily to represent the real estate and construction industries and decades later we have become the largest real estate law firm in the state. The majority of our attorneys specialize in some aspect of real estate law. As a result, when it comes to real estate litigation we are the preeminent law firm to handle any type of dispute. Our litigation attorneys have handled hundreds, if not thousands, of real estate litigation matters and use our understanding of sophisticated and complex real estate transactions to achieve our clients' business goals.

Interdisciplinary Expertise

Because of our deep understanding of the real estate business and industry, we are uniquely situated to approach every dispute with a level of sophistication and knowledge of real estate law that few other firms possess. Indeed, we are in the enviable position of being able to consult with our colleagues, who are specialists in real estate transactions, in any aspect of real estate and apply that expertise to every real estate litigation matter we handle.

Breadth Of Experience

In addition to our vast specialized expertise in the Construction, Environmental, and Land Use Practices, our real estate litigators represent owners, affordable and market-rate developers, lenders and investors, borrowers, golf courses, hotels and resorts, governments, landlords, tenants, and a variety of other clients in every type of real estate dispute involving real property such as those arising from:

  • Purchase and sale agreements, including interpretation, breach of contract, and specific performance actions, as well as rescission and restitution claims
  • Claims by or against real estate agents and brokers for nondisclosure and compensation
  • Claims by or against title insurance and escrow companies
  • Option agreements, including the timely exercise and application of an option agreement
  • Easements, including recorded easements, negative easements, prescriptive easements, and adverse possession
  • Neighbor and boundary disputes
  • Fraud, misrepresentation, and failures to disclose in a variety of different types of real estate transactions
  • Loan service and foreclosure issues
  • Title matters including priority of liens and bona fide purchaser/encumbrancer claims
  • Claims specific to subdivisions, including those brought pursuant to the Interstate Land Sales Act (ILSA), the California Subdivided Lands Act (SLA), and the regulations of the California Bureau of Real Estate (formerly the DRE)
  • Lease and property management agreements

Success At Every Stage Of A Dispute

We represent our clients both in state and federal courts, and in arbitration and judicial reference proceedings. We have successfully obtained or, when appropriate, challenged countless lis pendens, writs of attachment, and other provisional remedies, including temporary and permanent injunctive relief, at the outset of a litigation matter in order to best position a case for settlement or trial. Although we have taken many real estate litigation matters to trial in courts or through arbitration/judicial reference, and obtained judgments for damages or equitable relief, we have also been extremely successful in negotiating settlements before commencing litigation or at mediation before trial during the pendency of a case. We also have obtained numerous favorable rulings on dispositive motions, such as summary judgment, before incurring the expense of trial.

We are adept at the complex and rapidly evolving field of real estate law and adapt those changes to our clients' individual situations. Our knowledge and expertise, as well as our firm-wide approach of leanly staffing the matters we handle, translates into efficient and highly effective handling of our clients' real estate disputes before, during, and after they result in litigation.

Representative
Matters

Represented a residential property owner in dispute with a neighbor over whether a granny flat interfered with a road access easement. Summary judgment granted in favor of client and affirmed by court of appeal.

Obtained summary judgment in favor of a landlord in claim brought by a broker for purportedly unpaid broker's commissions for lease renewal by tenant.

Represented time-share developer in litigation in which the purchasers sought to rescind their purchase and sale agreements asserting claims for fraud, negligent misrepresentation and declaratory relief on the grounds that they did not receive an accurate Truth In Lending Statement upon closing. Successfully obtained a dismissal of the action. Handled several additional fraud allegations on behalf of the same time-share developer that were resolved through settlement or dismissal.

Obtained specific performance in favor of large hospital which had exercised its right to purchase an adjacent parcel of property. Lis pendens was recorded at commencement of action.

Substituted into a specific performance action on behalf of a purchaser land developer three weeks prior to trial, after the developer's existing counsel had opined that the case could not be won. Prevailed in obtaining a judgment for specific performance at the ensuing bench trial, and thereafter had that judgment affirmed on appeal by unanimous decision.

Represented a developer in an arbitration involving a dispute over the cost of a street realignment imposed by government agency seeking to preserve an oak tree.

Represented the purchaser of a shopping center in efforts to rescind purchase and sale agreement based on allegations of fraud when the seller failed to disclose communications with tenants involving rent reductions.

Represented a country club client in easement dispute with homeowner member owner over maintenance cart path running in front of owner's property and removing golf course foliage.

Represented an owner in defending actions against neighbors regarding removal of lateral in subjacent support/landslide.

Represented the owner/seller of a hotel site in an action for specific performance by buyer (Nevada).

More »

Represented Malibu homeowner in dispute with neighbor asserting a claim to a prescriptive easement.

Defended a claim by a real estate broker for a multi-million dollar commission on the sale of undeveloped real property. The matter was resolved at mediation.

Obtained settlement for developer in lawsuit for rescission brought by a purchaser of a unit in a high-end condominium complex asserting that the developer had not complied with the Interstate Land Sales Full Disclosure Act (ILSA) or the Subdivided Lands Act because it had failed to provide purchasers with a state-mandated public report.

Defended developer of condominium complex in action brought by sales agent for the recovery of commissions/referral fees.

Represented through arbitration a country club operator in arbitration of ground lease dispute involving percentage rents between country club and Native American landowners, applying federal and state laws governing tribal land.

Handled numerous landslide cases, including those involving commercial facilities, residential projects and high-end single family homes throughout the state.

Attorneys &
Paralegals

Name Title City Phone  
Briseño, Monica R. Associate Los Angeles 310.284.2242
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Campbell, Robert G. Partner Los Angeles 310.284.2259
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Davis, Susan S. Senior Counsel Los Angeles 310.284.2282
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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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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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