John V. Diepenbrock

John V. Diepenbrock


John V. Diepenbrock's Profile Image
Phone: 916.492.5045
Bio Representative Matters Of Note

Jack Diepenbrock is an Of Counsel attorney at Diepenbrock Elkin Gleason LLP, focusing on business and real estate transactions and litigation, including environmental and condemnation matters, land use, governmental matters, and alternative dispute resolution.  He has a Martindale-Hubbell rating of AV Preeminent Lawyer and has been listed in The Best Lawyers of America since 1989 for real estate, eminent domain and land use.  He also was honored as the 1997 Sacramentan of the Year by the Sacramento Metro Chamber of Commerce.

Mr. Diepenbrock represents buyers and sellers in disputes arising from the ownership and development of real property, including the representation of landowners in eminent domain and inverse condemnation actions.  Mr. Diepenbrock represents both private and public entities in negotiating and drafting agreements for all aspects of real estate development, including drafting agreements for purchase and sale, financing, ground leases, etc.  He represents clients seeking governmental entitlements and other matters on a national, state and local level.  He also serves as a private alternative dispute mediator.

Business

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

Represented one major multihospital group in its creation and thereafter in its day-to-day activities and followed by its merger with another such group to create one of the largest multihospital nonprofit corporations in California.

Created charitable foundation to support the works of an established congregation of religious women and represented the foundation thereafter in its day-to-day operations.

Represented estate of general manager/minority shareholder in valuation and buy-out of interest in San Jose gaming corporation.

Represented minority corporate shareholder in successful proceedings for involuntary dissolution of closely held Palo Alto healthcare provider resulting in buy-out of client’s interest by the majority shareholder.

Represented management and majority shareholders in action brought by minority shareholders for involuntary dissolution and other relief. Case settled on a very favorable basis after several weeks of bench trial.


Litigation

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

Successfully defended appeal from judgment granting lien in favor of supplier of materials used in construction project.

Successfully defended CalTrans appeal from award plus attorney fees in action to condemn linear segment of railroad right of way needed for interstate highway project.

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

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.

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

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.

Represented developer of 600-acre freeway oriented office in successful litigation to recover damages for underground soil contamination by prior landowner.

Successful defense of complex Will Contest brought in Butte County by the estranged wife of the decedent after seven month jury trial.

Represented landowner in condemnation action brought by the State to acquire an abandoned right-of-way and adjacent land near the town of Locke for the Delta Meadows State Park. One of the main issues was the nature of the owner’s title to the land, which involved a determination regarding the land as of the date California was admitted to the Union. Defeated State’s contention that all of the land in question was tideland, rather than upland, which resulted in client obtaining right to full market value for such land.

Representation of owner of 282 acres of land located at the waterfront above the Union Valley Reservoir in a case tried in federal court. Our success at trial is attributed in large part to key rulings that (a) the condemnee was entitled to value of the upland enhanced by the somewhat earlier taking of the reservoir which was, therefore, a "separate project" and (b) that condemnee had the option to value the taking either as a separate parcel or as part of the larger remainder.

Defended landowner in a condemnation action in which CalTrans sought a strip of railroad right of way land approximately 20 feet wide and 6,000 feet long for the construction of an interstate freeway. The case involved several novel valuation issues and became a leading authority for the valuation of "transportation easements" and the types of evidence that may be introduced at trial. The jury verdict was a multiple of CalTrans offer and was sustained on appeal.

Represented landowner in a 1500-acre taking that was tried to a jury verdict in federal court. The final result was approximately 3x the condemning agency’s appraisal.

Represented Southern Pacific Company in the condemnation of expansion lands needed for its Roseville receiving yard, and involved the taking of approximately 50 acres of land then in the process of residential subdivision. The case was tried before a jury, to an end result which was acceptable to Southern Pacific.

In a taking by CalTrans for a freeway project in Sacramento involving a brick and ceramic products manufacturing facility, represented landowner in case that involved very complex valuation issues and was settled on a favorable basis after lengthy negotiations with CalTrans.

Represented property owners in an eminent domain action brought by CalTrans to condemn land in Auburn, California, for widening Interstate 80. Clients sought pre-condemnation damages and compensation based on a claim of highest and best use beyond that initially asserted by CalTrans. The case was settled after CalTrans conceded to the client’s position on highest and best use of the property and to a total, rather than a partial taking.

Represented BP/ARCO in a number of service station takings incident to freeway interchange modifications, including takings by State of California (CalTrans), City of Elk Grove, City of Manteca and City of Stockton.

Represented landowners in inverse condemnation action in recovering damages to forest lands resulting from an 18,000-acre forest fire that began with a reservoir clearing operation. Obtained favorable settlement following several weeks of trial.


Real Estate

Represented developer of underground natural gas storage facility in acquisition of underground pipeline right away.

Assisted developer in preparation of CCRs for major 600-acre office park and various smaller projects.

Represented developer of airport fuel facility in acquisition of rights-of-way from multiple owners for underground pipeline.

Represented developer in preparation of CC&Rs for major 600 acre office park.

Represented developer of 600-acre freeway oriented office park in serial financing arrangements including work out arrangements as to defaulted loans.

Represented project owner in lease and acquisition of natural gas storage rights and natural gas pipeline rights of way over hundreds of parcels in Sacramento, including pursuit of necessary entitlements and other private and governmental clearances.

Represented developer of 600-acre freeway oriented office park in leasing of individual buildings.

Represented landowner in long-term ground leases of downtown Sacramento properties for construction of two high rise office buildings, including complex rent participation structures and major decision rights.

Represented project owner in lease and acquisition of natural gas storage rights and natural gas pipeline rights of way over hundreds of parcels in Sacramento, including pursuit of necessary entitlements and other private and governmental clearances.

We represent landowners in respect to oil and gas leases and have had major experience in the acquisition of natural gas storage rights and natural gas pipeline rights of way including pursuit of necessary entitlements and other private and governmental clearances.

Assisted provider of recycling services in contracting with City for recycling and disposal of City collected waste so as to provide unified system for waste disposal.

Assisted in creation of project to provide college student housing involving developer, construction contractor, Canadian lender, HVAC and service provider and others in partnership with a state college via a long term participating ground lease of college land.

Assisted the City of Sacramento and a group of landowners to create a public – private partnership for funding and early construction of the I-80/Truxel Interchange and for revision of the land use plan to accommodate same.

Represented developer of 600-acre freeway oriented office park site in complex parcel assembly utilizing land purchase agreements and joint ventures, numerous individual lot sales, and sales of completed buildings.

Assisted seller is sale of numerous individual buildings in “tech center” office park.

Represented hospital association in acquisition and assembly of numerous downtown parcels for development of high-rise office buildings.

Represented seller of 50-acre office development site, including enforcement of letter of credit provided by buyer to secure deferred portion of purchase price.

Represented large hospital system in connection with assembly of various parcels of additional land needed substantial hospital expansion in downtown Sacramento.

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.

Represented developer of 600-acre freeway oriented office in successful litigation to recover damages for underground soil contamination by prior landowner.

Represented clients in connection with development of new Coca-Cola/Raley Distribution Center on 50 acre+- site at 1-80 and Truxel Boulevard in North Natomas, California, including securing all required Planning Commission and City Council approvals, a change in the City General Plan, and defending against fervent opposition by various environmental groups.

Represented developer in connection with entitlements for phased construction of two new high-rise office towers in downtown Sacramento at 12 & K and 13th & K Streets, including processing of an EIR and obtaining Planning Commission and City Council approvals for a special use permit.

Represented a large hospital in securing multiple entitlements for major $170M expansion and renovation, including successful resolution of vigorous neighborhood opposition to project.

Represented the developer of a major parcel of bare land west of I-5 and north of the Garden Highway successfully advocating with City Planning Commission, the City Council, the environmental community and others in the preparation and certification of the EIR, a revision of the City General Plan, the rezoning of the land from residential to office building and other land use matters.

Represented developer in pursuit of numerous entitlements and various private and governmental clearances to facilitate underground natural gas storage project in Sacramento, California.

Mr. Diepenbrock is a member of the American Bar Association, American Judicature Society, Fellow, American College of Trial Lawyers, Fellow, American Bar Association, and has served as a Member and Chairman on the State Bar Rules of Court Procedure Committee and adjunct professor of corporate law at Pacific McGeorge Law School.  Other matters include Member, Chairman Sacramento Host Committee, Past Director and President Sutter Club, Board Member Mercy Housing, Inc., Sacramento County Bar Association Real Estate and Alternative Dispute Resolution Sections, Chairman California Lottery Commission, Past Director and Chairman California Chamber of Commerce, Director National Association of Public Television Stations, Director, Vice Chairman Catholic Healthcare West, Founding, Trustee and past Chairman, Pacific Legal Foundation, Director, Chairman of the Board Sacramento Symphony Association Member, Chairman California Public Broadcasting Task Force, Board Member Sacramento Pioneer Association, Director of numerous public and private corporations.

Mr. Diepenbrock’s litigation experience has included defense of a major railroad company in numerous FELA and auto/train crossing cases many of which went to jury verdict and a major supplier of agricultural chemicals in product liability cases most of which were resolved by favorable jury verdicts.  He has represented several banks or other financial  institutions in lender liability litigation and has done trust and estate litigation including successful defense of complex will contest brought in Butte County by the estranged wife of the decedent after seven month jury trial; represented non-profit charitable foundation in successful contest of a trust created by decedent while subject to fraud and undue influence and defense of a will made in favor of our client by a California resident while living in Florida.  He has worked on both sides of litigation involving alleged corporate misdoing and attempted involuntary dissolution.  He has done numerous eminent domain actions including several actions to condemn miscellaneous real property interests but more frequently representing landowners whose properties were being taken in whole or in part for public purposes.

Apart from litigation, Mr. Diepenbrock has maintained a substantial practice in major business, real estate transactions and land use matters on behalf of local and other clients as Sacramento has grown from a small city to a large metropolitan center.  He has also acted as a special advisor to the board of directors of a large nationwide provider of affordable housing for disadvanteaged clientele. 

Mr. Diepenbrock is proud to have represented a Catholic order of religious women for many years in their non-profit charitable, hospital and educational ministries throughout Northern California.  He has represented them in their acquisition of adjacent parish school to permit $170,000,000 expansion of urban hospital including providing new school facility requiring assembly of new site, ground lease to parish, financing of construction, attention to resolution of site contamination issues, obtaining entitlements for combined project over vigorous neighborhood opposition.

JACK'S NEWS

 

EDUCATION

University of Santa Clara
Magna Cum Laude, 1949

University of California, Berkeley, School of Law (Boalt Hall)
J.D., 1952

 

ADMISSIONS

California (1953)

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