David A. Diepenbrock

David A. Diepenbrock


David A. Diepenbrock's Profile Image
Phone: 916.492.5048
Bio Representative Matters Speaking/Writing Of Note

David A. Diepenbrock is a partner at Diepenbrock Elkin Gleason LLP.  He represents businesses in a broad spectrum of disputes, including those involving unfair competition, fraud, breach of contract, and breach of fiduciary duty.  Mr. Diepenbrock also regularly represents buyers, sellers, developers, landowners, and lenders in disputes arising from the ownership and development of real property, including in eminent domain, inverse condemnation, and other land use disputes with government entities.

 

Business

Represented developer of natural gas storage facility in contested proceeding before California Public Utilities Commission. 

Represented hospital system in multiple lawsuits involving claims arising from the marketing and sale of radiology equipment.

Arbitrated value of Bay 101 Casino, located in San Jose, California pursuant to buy-sell agreement on behalf of client with substantial ownership interest in Casino.  Assisted client in obtaining State Gambling Control Commission approval of stock sale and licensing of client to receive sale proceeds.

Represented independent insurance marketing organization in asserting claims against competitor for breach of contract, trademark infringement, and unfair competition.  Obtained favorable settlement immediately after trial court granted our motion for preliminary injunction. 

Prosecuted claim under California Producer’s Lien Law to establish priority to proceeds earned on sale of clients’ consigned farm products, where proceeds had been received by insolvent processor and deposited with defendant lender.  Case involved complex issues raised by intersection of Uniform Commercial Code and bailment law.

Prosecute state securities and common law fraud claims on behalf of claimants seeking recovery of approximately $20 million from California Finance Lender that failed to disclose material information regarding its real estate investment portfolio.  Clients obtained a favorable settlement following extensive discovery, and after the finance lender filed for bankruptcy protection.

Representation of Fortune 100 corporation in obtaining pleading-stage dismissal of putative class action seeking injunctive relief and damages under Consumer Legal Remedies Act for alleged misleading advertising.

Represented division of Fortune 500 corporation in defending against lawsuit seeking over $20 million brought under California Franchise Investment Law. Obtained highly favorable settlement prior to trial.

Defended mining operator against claims brought by air quality management district seeking civil penalties exceeding $91 million for alleged violations of state and local air quality laws.  After taking or defending over 30 depositions and defeating the district's motion for summary adjudication regarding our clients' civil rights cross-complaint, the parties agreed to a mutual release of claims.  Our client paid nothing as part of the settlement.

Represented minority shareholders in action seeking involuntary dissolution of corporation based on alleged misfeasance by controlling shareholder.  Obtained fair value for clients' ownership interest through settlement after controlling shareholder sought buy-out under Section 2000 of the Corporations  Code.

Represented flooring distributor in dispute with manufacturer concerning parties' performance under distributor agreement.  Negotiated favorable settlement following extensive discovery, which included multiple out-of-state depositions.

Represented co-owners of business in a dispute involving allegations of defalcation, breach of fiduciary duty, and overall mismanagement of the company's affairs.  Succeeded in negotiating a resolution to clients' satisfaction prior to initiating lawsuit.

Represented company in claim against its prior controlling shareholder based on his breach of non-complete covenant contained in purchase and sale agreement.


Litigation

Represented developer of natural gas storage facility in contested proceeding before California Public Utilities Commission. 

Represented hospital system in multiple lawsuits involving claims arising from the marketing and sale of radiology equipment.

Arbitrated value of Bay 101 Casino, located in San Jose, California pursuant to buy-sell agreement on behalf of client with substantial ownership interest in Casino.  Assisted client in obtaining State Gambling Control Commission approval of stock sale and licensing of client to receive sale proceeds.

Represented independent insurance marketing organization in asserting claims against competitor for breach of contract, trademark infringement, and unfair competition.  Obtained favorable settlement immediately after trial court granted our motion for preliminary injunction. 

Prosecuted claim under California Producer’s Lien Law to establish priority to proceeds earned on sale of clients’ consigned farm products, where proceeds had been received by insolvent processor and deposited with defendant lender.  Case involved complex issues raised by intersection of Uniform Commercial Code and bailment law.

Prosecute state securities and common law fraud claims on behalf of claimants seeking recovery of approximately $20 million from California Finance Lender that failed to disclose material information regarding its real estate investment portfolio.  Clients obtained a favorable settlement following extensive discovery, and after the finance lender filed for bankruptcy protection.

Representation of Fortune 100 corporation in obtaining pleading-stage dismissal of putative class action seeking injunctive relief and damages under Consumer Legal Remedies Act for alleged misleading advertising.

Represented division of Fortune 500 corporation in defending against lawsuit seeking over $20 million brought under California Franchise Investment Law. Obtained highly favorable settlement prior to trial.

Defended owner in partial take action brought in connection with freeway interchange project located at Sheldon Road and Highway 99.

Defended owners of 305.75 acre parcel located at the intersection of Highway 99 and Elverta Road in partial take action brought by the Sacramento Area Flood Control Agency.

Defended owners of 86.7 acres of land located in Sacramento County in condemnation action brought by the Sacramento Area Flood Control Agency as part of its development of the Natomas Levee Improvement Program.

Prosecute inverse condemnation claims on behalf of  property owners seeking damages resulting from large public works project carried out in Plumas County.

Represented owner in condemnation action brought by the Bay Area Rapid Transit district in connection with the development of a BART station located in San Mateo County.

Obtained favorable settlement on behalf of developer asserting vendor’s lien and equitable servitude claims against entity that purchased property through foreclosure sale from bankrupt lending institution that had acquired property from defaulting purchaser.

Successful pleading-stage defense of claims brought against real estate investors, and members of a limited liability company, sued for breach of contract, fraud, and breach of fiduciary duty.

Defended two limited liability companies (and their members) that developed a time-share resort in Napa Valley against fraud, breach of fiduciary duty, and breach of contract claims brought by project investor.  Case was settled to clients' satisfaction while their motion for summary judgment was pending. 

Defended seller of multi-family housing complex valued in excess of $10 million against breach of contract and fraud claims brought by buyer who failed to fully perform its contractual obligations by the close of escrow deadline. Successfully represented seller on appeal after winning three-week bench trial, and a full award of attorney fees.

Prosecuted fraud and False Claims Act claims arising from conveyance of deed of trust valued at approximately $13 million on behalf of large Bay Area municipality that resulted in highly favorable settlement following protracted discovery battles and complete trial preparation.

Represented owners of parcel located south of Vacaville in connection with proposed specific plan for development of Vanden Meadows and related Environmental Impact Report. .

Successfully defended seller against specific performance and breach of contract claims arising from failed transaction involving a proposed commercial development in Yolo County.  Obtained favorable judgment following a two-week arbitration, and an award of attorney's fees.

Defend lender in actions brought by a county and a district attorney seeking injunctions, civil penalties, and damages, relating to alleged releases of hazardous waste and county code violations at a marina.  Following extensive negotiations, and after conducting substantial discovery and filing a cross-complaint, resolved case through a stipulation for consent decree in which client paid no money to either plaintiff.

Represented individual assessed over $11 million in civil penalties by the State Mining and Geology Board in multiple actions, including writ proceeding in state court, and action filed in federal court seeking monetary recovery from Board for violating client's civil rights.

Represent owner of marina located in San Joaquin County in inverse condemnation action seeking damages resulting from reclamation district's modification of levee abutting marina.

Defended mining operator against claims brought by air quality management district seeking civil penalties exceeding $91 million for alleged violations of state and local air quality laws.  After taking or defending over 30 depositions and defeating the district's motion for summary adjudication regarding our clients' civil rights cross-complaint, the parties agreed to a mutual release of claims.  Our client paid nothing as part of the settlement.

Represented minority shareholders in action seeking involuntary dissolution of corporation based on alleged misfeasance by controlling shareholder.  Obtained fair value for clients' ownership interest through settlement after controlling shareholder sought buy-out under Section 2000 of the Corporations  Code.

Represented flooring distributor in dispute with manufacturer concerning parties' performance under distributor agreement.  Negotiated favorable settlement following extensive discovery, which included multiple out-of-state depositions.

Represented co-owners of business in a dispute involving allegations of defalcation, breach of fiduciary duty, and overall mismanagement of the company's affairs.  Succeeded in negotiating a resolution to clients' satisfaction prior to initiating lawsuit.

Represented company in claim against its prior controlling shareholder based on his breach of non-complete covenant contained in purchase and sale agreement.


Real Estate

Obtained favorable settlement on behalf of developer asserting vendor’s lien and equitable servitude claims against entity that purchased property through foreclosure sale from bankrupt lending institution that had acquired property from defaulting purchaser.

Successful pleading-stage defense of claims brought against real estate investors, and members of a limited liability company, sued for breach of contract, fraud, and breach of fiduciary duty.

Defended two limited liability companies (and their members) that developed a time-share resort in Napa Valley against fraud, breach of fiduciary duty, and breach of contract claims brought by project investor.  Case was settled to clients' satisfaction while their motion for summary judgment was pending. 

Defended seller of multi-family housing complex valued in excess of $10 million against breach of contract and fraud claims brought by buyer who failed to fully perform its contractual obligations by the close of escrow deadline. Successfully represented seller on appeal after winning three-week bench trial, and a full award of attorney fees.

Prosecuted fraud and False Claims Act claims arising from conveyance of deed of trust valued at approximately $13 million on behalf of large Bay Area municipality that resulted in highly favorable settlement following protracted discovery battles and complete trial preparation.

Represented owners of parcel located south of Vacaville in connection with proposed specific plan for development of Vanden Meadows and related Environmental Impact Report. .

Successfully defended seller against specific performance and breach of contract claims arising from failed transaction involving a proposed commercial development in Yolo County.  Obtained favorable judgment following a two-week arbitration, and an award of attorney's fees.

Prosecuted specific performance action on behalf of investment company that contracted to purchase downtown Sacramento property improved with 187 apartment units and over 17,000 square feet of commercial space.  After extensive discovery, seller agreed to consummate sale to our client.

Defend lender in actions brought by a county and a district attorney seeking injunctions, civil penalties, and damages, relating to alleged releases of hazardous waste and county code violations at a marina.  Following extensive negotiations, and after conducting substantial discovery and filing a cross-complaint, resolved case through a stipulation for consent decree in which client paid no money to either plaintiff.

Represented landowner in the voluntary partition of approximately 3,000 acres of farmland located in Yolo County.  Case involved eleven parcels of uneven size and quality, including large parcels suited for cattle grazing, and smaller parcels with permanent crops.  Matter was resolved to client's satisfaction through a voluntary exchange agreement.

Represented individual assessed over $11 million in civil penalties by the State Mining and Geology Board in multiple actions, including writ proceeding in state court, and action filed in federal court seeking monetary recovery from Board for violating client's civil rights.

Represented owners of historic mining property in appellate proceedings seeking to establish vested rights based upon mineral patents issued by the federal government, and mining conducted on property in subsequent decades, following unfavorable determination by State Mining and Geology Board.

Represented landowner in complex commercial leasing dispute with tenant farmer occupying substantial portion of 497.80-acre parcel under a long-term lease.  Matter submitted for decision by three-member arbitration panel following three-week arbitration.

Prosecuted fraud and False Claims Act claims arising from conveyance of deed of trust valued at approximately $13 million on behalf of large Bay Area municipality that resulted in highly favorable settlement following protracted discovery battles and complete trial preparation.

Mr. Diepenbrock is a member of the American Bar Association, the California State Bar, Business Law, Real Property and Litigation Sections, and the Sacramento County Bar Association.  His active engagement in community affairs includes the following:

  • American Leadership Forum, Mountain Valley Chapter, Senior Fellow
  • East Sacramento Improvement Association, Board Member and Secretary
  • Los Rios Foundation, Board Member and Vice Chair, Finance
  • Sacramento Metro-Chamber’s Leadership Sacramento Class of 2009
  • 65th Street Redevelopment Advisory Committee, Member, 2008-2011
  • Pro Bono Counsel, Fair Oaks Community Coalition, 2005-2006
  • Pro Bono Counsel, Friends of East Sacramento, 2012

DAVID'S NEWS

 

EDUCATION

Oberlin College
B.A., History, 1988

San Francisco State University
M.A, U.S. History, 1995

University of California, Davis, School of Law (King Hall)
J.D., 2001 

 

ADMISSIONS

California (2001)

U.S. District Courts for the Eastern District of California, Northern District of California, Southern District of California, Central District of California

U.S. Court of Appeals for the Ninth Circuit 

U.S. Supreme Court

PRACTICE AREAS

Business

Litigation

Real Estate

 

 

 

Diepenbrock Elkin Gleason LLP
500 Capitol Mall
Suite 2200
Sacramento, CA 95814
Phone: 916.492.5000
Fax: 916.446.2640