Trevor B. Potter

Associate

Overview

Trevor is an experienced construction lawyer and civil litigator.  His construction litigation practice focuses on representing owners, developers and general contractors in disputes involving project delay, cost overruns, breach of contract and the myriad of other issues that can arise during construction including mechanic’s liens, stop notices, construction defects and design deficiencies.  Trevor has litigated construction disputes involving luxury hotels, condominiums and apartment projects, roadway infrastructure, mixed-use residential/retail, large industrial buildings, office projects and custom, single family homes.  Trevor regularly works with sophisticated consultants including architects, engineers, experienced contractors and other construction professionals to analyze and unwind complicated projects, technical details and facts to advance straightforward and persuasive arguments to achieve success in federal and state courts, arbitration and mediation.

Trevor is also experienced in a wide range of real estate and business disputes, including real property litigation involving easements and title issues, landlord/tenant disputes, CERCLA liability, code compliance, partnership and valuation disputes, breach of fiduciary duty and fraud claims, trademarks and trade secrets.

As the son of a successful architect, Trevor was exposed “blueprints” at a young age.  As a construction lawyer, Trevor has continued that family tradition of early exposure to construction documents with his two children who live and play soccer in San Juan Capistrano.

Representative
Matters

Over the course of four years, represented international lender in multimillion dollar, multi-jurisdictional mechanic’s lien, stop notice, payment bond and lender liability litigation arising out of the development and construction of a luxury hotel in downtown San Diego, including defense of the lender in approximately 30 cases consolidated in the San Diego Superior Court, an adversary proceeding against the lender by the general contractor in the U.S. Bankruptcy Court for the Central District of California and the successful prosecution of a breach of contract action against the borrower which resulted in a $48 million dollar summary judgment verdict for the lender.

Represented eight defendants including a major department store, a television production company and its principals, a major appliance manufacturer and a television personality in state and Federal court litigation defending against claims for trademark infringement, trademark dilution, fraud, misappropriation of ideas, conversion, and breach of contract arising out of the development and production of public television show featuring celebrity chefs. In the state court action, implemented aggressive litigation strategy in the pleading stage and obtained the dismissal of Plaintiffs’ complaint as to all defendants.

Assisted trial team in obtaining substantial verdict on behalf of individual lenders in three week jury trial involving breach of fiduciary duty claims against a loan broker and escrow holder.

Defended insurance company in highly contentious Federal court litigation in connection with $30 million dollar breach of contract and bad faith claims arising out of alleged environmental pollution in Southern California.

Defended a national home builder against the prosecution of an encroachment action and implemented an aggressive discovery strategy which illuminated the opposing party’s own misconduct in the matters alleged. This strategy led to the successful disposition of the majority of the claims against the client on summary judgment.

Represented individuals and corporate entities in the defense and prosecution of a wide variety of title insurance claims, including easement disputes, encroachments, clouds on title to real property and lender priority disputes concerning recorded deeds of trust.

Represented signature brand, luxury hotel owner in multimillion dollar construction defect lawsuit against the general contractor arising out of numerous defects, including defects in the exterior skin and waterproofing of the hotel.

Publications &
Speaking Engagements

Publications

Speaking Engagements

Awards &
Affiliations

Awards & Affiliations

  • Legal Advisory Committee, Association of General Contractors-California
  • Association of Business Trial Lawyers, Orange County
  • Orange County Bar Association, 2015 – present (Construction Law and Litigation sections)
  • Association of Business Trial Lawyers, San Diego, 2010-2014 (Leadership Development Committee, 2014)
  • San Diego Bar Association, 2009 - 2014 (Litigation and Real Property sections)
  • 2014 Nominated as Top Young Attorney, San Diego Daily Transcript

Spotlight

NAIOP Holds March Madness Event

Dave Wensley, John Kittleson, Julian Freeman, Amir Sadr and Trevor Potter were featured in a GlobeSt. article... More»

Bar and Court Admissions

  • State Bar of California
  • U.S. District Court for the Central and Southern Districts of California
  • U.S. Court of Appeals for the Ninth Circuit

Education

  • J.D., Georgetown University Law Center, 2009
  • B.A., University of California, Los Angeles, 2005, magna cum laude