Decisions of the Court
San Francisco Developer Prevails Against City
The firm represented a developer whose project to convert an abandoned church to a residential development was thwarted by a City declaration to landmark the property. Citing established state law, the San Francisco Superior Court has ordered the issuance of a writ compelling the City to overturn the landmark designation and allow the project to proceed. The firm prevailed yet again on appeal, when the Court found 3-0 against the City of San Francisco determining that the City had exceeded its jurisdiction. Click here to read the Court of Appeal's Decision in California-Nevada Annual Conference of United Methodist Church v. San Francisco, 2009 WL 1396407 (Cal. Ct. App. 2009).
Realtor Successfully Defends Fraud Charge
The firm successfully defended a Peninsula realtor from fraud claims by a home purchaser. The buyer claimed that the agent misrepresented that the $2 million Hillsborough home already had a permit to add a second story. The jury was out less than an hour and found in favor of the agent on the related claims of fraud, negligence and breach of fiduciary duty. Using a pre-trial procedure recommended by the firm, the agent will recover not only his costs but also his expert fees from the buyer. Click here to read the Judgment.
96-Year Old Recovers Title To Her East Bay Home
The firm successfully represented a 96-year old property owner whose granddaughter refused to hand over title to the family home for 20 years. Using a rare court procedure ("nunc pro tunc"), the firm persuaded the Superior Court to confirm a 1982 ruling reinstating title and possession to the grandmother. On appeal, the firm prevailed yet again. Click here to read the California Court of Appeal Decision affirming the trial court's Judgment on a vote of 3-0 in Schuler v. Schuler, 2008 WL 4968003 (Cal. Ct. App. 2008).
Professionals Successfully Defeat Claims of Breach of Fiduciary Duty and Negligence
A client sued her accountant for not properly advising her when she sold shares in a closely-held corporation. The San Francisco Superior Court entered summary judgment for the accountant, finding that his advice was proper and that plaintiff's claims were barred by the two-year statute of limitations. On appeal, the firm prevailed again. Click here to read the trial court's Final Judgment.
The firm successfully defended a real estate professional from a claim of professional negligence arising out of an alleged failure to disclose defects in a home's foundation. First District Court of Appeal held that a real estate agent assumes no responsibility to discover defects in inaccessible areas. Click here to read Wilson v. Century 21 Great Western Realty, 15 Cal. App. 4th 298 (1993).
The firm successfully defended an accounting firm from allegations of malpractice in advice regarding a charitable contribution. The Court of Appeal affirmed an order granting summary judgment in favor of the accounting firm. Click here to read Van Dyke v. Dunker & Aced, 46 Cal. App. 4th 446 (1996).
Commercial Liability
Handled appeal challenging the constitutionality of Oakland's transfer tax ordinance. Click here to read more about Cohn v. City of Oakland, 223 Cal. App. 3d 261 (1990).
Successfully prosecuted an appeal against Rent Stabilization Board for denying landlord rent increases. Court of Appeal found that the Board had acted in bad faith, and awarded to landlord attorney fees as well as past due rent. Portions of Berkeley's rent control ordinance was declared unconstitutional. Click here to read more about Floystrup v. Berkeley Rent Stabilization Board, 219 Cal. App. 3d 1309 (1990).
Successfully prosecuted an appeal challenging the constitutionality of a municipality's downzoning of commercial property to open space. Click here to read about Twain Harte Assoc., Ltd. v. County of Tuolumne, 217 Cal. App. 3d 71 (1990).