Real Estate Disputes
Real estate disputes can range from simple, uncontested unlawful detainer actions to complex disputes concerning large commercial developments. The Maloney Firm has represented both landlords and tenants in a wide range of real estate disputes, winning or settling cases for our clients.
Representative Real Estate Matters
Represented real property owner in a trial to remove a fraudulently recorded deed. Obtained an order striking the opponent’s pleadings, and secured a judgment to remove the fraudulent deed and to award attorneys’ fees in our clients’ favor.
Represented lender in a foreclosure dispute. After the client generated a loan to refinance the opponents’ house, the opponent sued to delay the non-judicial foreclosure. Forced the opponents to dismiss their lawsuit to avoid a sanctions motion against them.
Represented commercial landlord in a proceeding to evict a tenant. Obtained an amended judgement to halt a tenant’s attempt to avoid enforcement of previous judgement by creating a shell company.
Represented dry cleaning chemical distributor in disputes concerning responsibility to remediate contaminated real property with claims arising under CERCLA, HSAA, and Proposition 65. Obtained summary judgment for defendant in a groundwater case seeking $8 million in damages.
Represented investors on an arbitration involving a 37-acre development project in Southern California. The lawsuit concerned their right to exercise a buy/sell provision. Another related action accused the parties of breaching their fiduciary duties to the other investors. We established the investors’ right in the arbitration. After winning that part of the case, we were able to settle the second part in State Court.
Represented borrower in a predatory lending and usury case where a hard money lender used a variety of bogus fees to charge interest of 21% as party of strategy to steal the owner’s property. The case was settled in L.A. Superior Court in favor of our client.
Represented a minority shareholder in a dispute concerning the fairness of a lease between the corporation and the majority shareholder landlord. Persuaded the court to agree that the lease was not fair and to award damages.
Represented corporate president accused of breaching his fiduciary obligations by seeking to increase the rent on a warehouse he leased to a family business. Lost the trial but won the appeal due to the work the Firm did at the trial level.
Represented commercial landlord in a proceeding to evict a tenant. After the tenant filed for bankruptcy and engaged in obstructionist tactics, the court entered judgment in favor of the landlord, awarding unpaid rent as damages and granting the entirety of the landlord’s request for attorneys’ fees.
Represented residential seller in a dispute alleging failure to disclose perceived property defects.