Overview

Perry is an environmental attorney at Cox, Castle & Nicholson. Perry's diverse practice includes both transaction and litigation matters.  His environmental litigation practice has included matters in state and federal court related to cost recovery, insurance coverage, and state and federal Right-To-Know Laws, including California's Proposition 65. His litigation practice also includes general litigation matters, including landlord-tenant disputes, partnership disputes, and other forms of business litigation.

Perry's transactional practice centers on advising clients looking to acquire, develop or finance properties impaired with environmental contamination.  Perry is known for applying creative solutions to help resolve the obstacles presented by the environmental liabilities associated with real estate. Having worked on matters requiring environmental insurance for close to fifteen years, he is well versed in the risk mitigation benefits of environmental insurance.

Experience

  • Represented major oil pipeline operator in matters related to oil contamination and easement disputes.

  • Represented and advised major healthcare REIT regarding all litigation and asset management issues for nation-wide portfolio.

  • Represented national homebuilders through the investigation, acquisition and remediation of environmental impaired properties to be developed for residential use.

  • Represented major retailer in the acquisition and remediation of property to be used as a distribution center that was historically used to store and test artillery for the military.

  • Represented land owner in cost recovery action against Chevron to recover lost profits and diminution in value as a result of historic release of gas station contamination.

  • Represented a Northern California municipality and redevelopment agency in cost recovery litigation against several different former operators of city-owned port site contaminated with hydrocarbon and PCE contaminants. Marshaled resources to assist city with extensive review of city records and historical data to locate and pursue former operators from decades earlier. Handled related insurance litigation as part of assisting city in its defense of contribution claims.

  • Represented a lessee of industrial property in CERCLA action against former owners and neighboring property owners to recover clean-up and remediation costs associated with removal of PCE contamination from the properties.

  • Represented a developer of mixed-used residential project against former gas station-operator tenant who failed to remediate the property of soil and groundwater contamination at the conclusion of their tenancy.

  • Represented a San Fernando Valley property owner in cost recovery litigation against owners of nearby car wash property.

  • Represented numerous property owners and management companies in disputes related to the presence of mold and related toxins.

  • Represented property management company in dispute brought by tenant over failure to disclose mold remediation in unit prior to lease execution.

  • Obtained a favorable appellate decision for the respondent in an appeal awarding it attorney's fees as the prevailing party.

  • Advised the owner of numerous apartment complexes regarding disclosure obligations to tenants, including obligations when known sex-offender resides in or near complex as required by Megan's law.

  • Obtained summary judgment in favor of an occupant of rental property who was forced to vacate the space prior to execution of the lease as a result of an improper venting system used to vent acetone fumes from an adjacent tenant.

  • Defended a developer in claim brought by buyers of property for fraudulent misrepresentations in connection with the sale for failure to complete construction of an amenity center by its projected opening date.

  • Defended a developer in claim brought by buyers of property for fraudulent misrepresentations in connection with the sale over the failure to inform them about the proposed construction of a retaining wall.

  • Represented a general partner in dispute brought by other general partners for purported damages based on actions taken by her as the controller of another entity and for an order directing that she be expelled from the partnership because she allegedly improperly refused to consent to the proposed sale of the partnership's principal asset.

Insights

News

Speaking Engagements

Publications

  • The Polanco Redevelopment Act: A How To Guide
    Article, 02.01.06
  • Practical Changes To Environmental Due Diligence Under the New All Appropriate Inquires (AAI) Rule (PDF)
    Client Alert, 12.01.05

Bar & Court Admissions

  • State Bar of California

Education

J.D., University of Southern California, Gould School of Law, 1993

B.S., University of California, Riverside, 1990

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