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Our litigation services include:
  • Pre-litigation demands and negotiations in commercial and real estate disputes
  • Civil litigation in state, federal, and bankruptcy courts throughout Northern California
  • Mediation and arbitration proceedings
  • Civil appeals
  • Commercial (business) disputes and litigation
  • Real estate disputes and litigation (commercial and residential, plaintiffs and defendants)
  • Consumer litigation (for plaintiffs as well as defendants)
  • Commercial collections
  • Bankruptcy litigation


Our acheivements in this practice area include:


  • Debrunner v. Deutsche Bank Nat. Trust Co., 204 Cal. App. 4th 433, 138 Cal. Rptr. 3d 830 (Cal. Court of Appeal, 2012): After obtaining dismissal in the trial court, successfully defended the appeal, leading to landmark precedent for the mortgage servicing industry.


  • Lender/loan servicer liability cases in state and federal court (2009 - 2014): Won dismissal or summary judgment in dozens of cases in state and federal courts involving varied claims of lender/loan servicer liability, such as claims for fraud, unfair competition, credit reporting liability, debt collection liability, violation of the Federal Truth in Lending Act, and violation of the Federal Real Estate Settlement Procedures Act; contract claims; and real estate claims. Many others were successfully settled.


  • Bankruptcy litigation (U.S. Bankruptcy Courts for the Eastern and Northern Districts of Cal., 2011 - 2013): Successfully defended or settled loan servicing liability claims under the Bankruptcy Code, including negotiating a number of settlements before any defense in court became necessary.


  • REO title litigation (Cal. Superior Court, 2014): Promptly negotiated and settled five-party litigation arising from the sale of a bank-owned property, for an estimated seven percent of the client's potential liability, avoiding the need for any defense in court.


  • Escrow litigation from real estate investment scheme (Cal. Superior Court, Santa Clara County, 2014): Defended two cases against escrow agent accused of being complicit in alleged fraudulent real estate investment scheme, negotiating early, low-cost settlements and avoiding the expense of extended discovery and depositions.


  • Trust litigation over multi-unit property (Cal. Superior Court, 2012): Defended lender in trust litigation over a multi-unit residential property, negotiating settlement that ensured the client either market value, or free and clear title with possession.


  • Auto finance litigation (U.S. District Court, 2010): Defended lender in auto finance litigation, negotiated settlement that cut-off potential liability and allowed for recovery of 85 percent of the six-figure debt, years before maturity.


  • Land sale/real estate commission litigation (Superior Court of California, San Mateo County, 2008): Won summary judgment for a real estate brokerage sued for a six-figure commission from the sale of a land tract.


  • Internet stalking case (Wash. State Superior Court, 2007): Represented client in uncovering invasion of electronic privacy and interference with personal/financial affairs, subpoenaed email and Internet service providers to identify the responsible party, and obtained forensic analysis of the defendant's hard drives, leading to pre-trial settlement.   


  • Warranty claims against auto manufacturers (Wash. State, 2005 - 2007): Represented consumers in claims against auto manufacturers, and in the majority of cases, obtained payment of the full claim amount without the need for any formal litigation.


Our speaking and publications in this practice area:


  • Presenter, "The First Two Years of the California Homeowner Bill of Rights," Contra Costa County Bar Association Bankruptcy Section, 2015.


  • Co-presenter, Collections: Seeking and Collecting a Judgment, National Business Institute, San Francisco, 2011

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