Perry D. Mocciaro

Partner

Overview

Perry is a business litigator with more than 37 years' experience handling a broad range of matters.

Experienced Litigator

Perry has first chaired dozens of trials and binding arbitrations from commencement through conclusion, including appeals. During that time, he has been responsible for taking and defending hundreds of depositions. His trials have focused on real estate and franchising matters in state and federal courts on behalf of local and national companies involved in all aspects of real estate. He works with landlords, developers, lenders, and high-net worth individuals who own and invest in real estate in California and nationwide.

Effective Arbitration Counsel

He serves as an arbitrator panelist for the American Arbitration Association (AAA) and Franchise Arbitration and Mediation Services and has written and lectured on Remedies for the California Continuing Education of the Bar as well as Evidence and other litigation-related topics.He also serves as a mediator in the mediation program for the United States District Court for the Central District of California.

Mentor And Advisor To Litigation Team

In keeping with the firm's philosophy of balancing excellence with cost-effectiveness, Perry handles day-to-day litigation proceedings and supervises other attorneys where matters are either large enough to require a team approach or small enough to be handled most efficiently by a single junior lawyer.

Representative
Matters

Represented one of the country's largest parking operators in litigation brought by a competitor alleging unfair competition and unfair trade practices in connection with our client's having taken parking concessions away from that competitor in the Sunset Strip area. Obtained a preliminary injunction against the competitor's use of disputed parking spaces in the area, and subsequently won summary judgment dismissing all of the competitor's claims against our client.

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 ground lessor in a ground rent revaluation arbitration which ultimately fixed the new rent at the amount which our client claimed to be owed. Successfully had the arbitration award confirmed by the Superior Court as a judgment setting forth that new rent amount, even though the deciding-vote neutral arbitrator had refused to find for that amount and instead voted that the amount should be a compromise between out client's position and the ground lessee's position. As a result of the decision, the increased amount of rent due our client over the succeeding rental period was over $1 million higher than it would have been under the valuation being asserted by the ground lessee.

Represented an investor who turned a struggling clothing and accessories company into a multi-million dollar phenomenon, and prevailed against one of the founders of the company to establish our client's 100% ownership.

Persuaded the Federal District Court to permanently enjoin a lender's presentation of an over $2 million irrevocable letter of credit provided by our investor client as additional security for the construction loan on an office building project which failed. Both the Ninth Circuit Court of Appeals and the United States Supreme Court declined to stay the injunction despite the lender's attempts to have it stayed.

Represented a property owner in obtaining a judgment for fraud and RICO, including treble damages, against a general contractor and its principals who fraudulently obtained purported reimbursements from the project's construction loan for hundreds of thousands of dollars in governmental fees which were never actually paid. Succeeded in obtaining Arbitration award, having that award confirmed as a Superior Court judgment, having the award sustained unanimously by the Court of Appeal, and persuading the California Supreme Court not to grant a hearing.

Publications &
Speaking Engagements

Recent Publications

Spotlight

Riverisland Erodes California 'Parol Evidence Rule'

Perry Mocciaro wrote a column published by Law360 on March 5 about the parol evidence rule and how a recent California... More»

Bar and Court Admissions

  • State Bar of California
  • United States Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
  • State Bar of Colorado (inactive)

Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1975
  • A.B., University of Southern California, 1972, magna cum laude, phi beta kappa