Litigation

Litigation

Diepenbrock Elkin Gleason LLP litigates a broad spectrum of business, construction, and real estate disputes.  Our attorneys are experienced in state and federal trial and appellate courts.  We also appear in administrative hearings before California agencies and the U.S. GAO.  Our attorneys are experienced in mediation, arbitration, and other forms of alternative dispute resolution.  The principal areas of our litigation practice include Business Litigation, Construction Litigation, Real Estate Litigation, Eminent Domain Litigation, Natural Resources Litigation, and Writs and Appeals.

Business Litigation                Eminent Domain Litigation
Construction Litigation Natural Resources Litigation
Real Estate Litigation Writs and Appeals

 

Business Litigation

Primary Attorney Contacts: Eileen M. DiepenbrockJohn V. DiepenbrockJennifer L. DauerChris A. McCandlessDavid A. DiepenbrockJonathan R. Marz

We have substantial experience handling disputes that arise from all manner of business transactions and relationships.  This work includes, but is not limited to, defending and prosecuting claims involving breach of contract, breach of fiduciary duty, covenants not to compete, unfair competition, conversion, false advertising, franchising, fraud, shareholder derivative suits, corporate dissolutions, partnership disputes, business valuations, disputes among members of limited liability companies.

 

Construction Litigation

Primary Attorney Contacts: Eileen M. DiepenbrockJennifer L. DauerChris A. McCandlessJonathan R. Marz

We assist in all aspects of claims and disputes that can arise on a construction project, from risk management through completion, including for example delay, acceleration, extra work, termination, construction defects, differing site conditions, substitution, and professional negligence.  Our attorneys litigate in state and federal trial courts and courts of appeal, as well as in administrative hearings before local public entities and state agencies, such as the Department of General Services and CalTrans. 

 

Real Estate Litigation

Primary Attorney Contacts: Eileen M. DiepenbrockJohn V. DiepenbrockChris A. McCandlessDavid A. DiepenbrockJonathan R. Marz

We regularly represent buyers, sellers, developers, lenders, lien holders, owners, commercial tenants, and title insurers in disputes arising from owning, leasing, and developing real property.  This includes, among other issues, disputes arising from commercial leases, development entitlements, easements, sale contracts, recorded instruments, as well as compliance with the Subdivision Map Act and other statutory and regulatory requirements.

 

Eminent Domain Litigation

Primary Attorney Contacts: David A. DiepenbrockJohn V. Diepenbrock

We represent landowners in eminent domain actions involving full and partial takings brought by condemning agencies such as CalTrans, local municipalities, and flood control districts in both state and federal court.  Our attorneys also prosecute inverse condemnation claims against state agencies.

 

Environmental and Natural Resources Litigation

Primary Attorney Contacts: Eileen M. DiepenbrockDavid A. DiepenbrockJonathan R. Marz

With an emphasis on cost recovery and contribution actions under the federal and state Superfund statutes (aka CERCLA and HSAA), we handle actions involving a wide variety of clients including commercial and industrial landowners, manufacturers, developers, lenders, retail tenants, trustees and beneficiaries.

Our attorneys also represent public entities and private parties, such as developers, property owners, and water districts in challenging or defending state, local, and federal agency actions.  We have represented clients in disputes involving, among other areas, the California Water Code, the California Environmental Quality Act, the Endangered Species Act, the National Environmental Policy Act, and the public trust doctrine.

 

Writs and Appeals

Primary Attorney Contacts: Eileen M. DiepenbrockJennifer L. DauerChris A. McCandlessJonathan R. Marz

We handle civil appeals in all California district courts of appeal, and the federal Courts of Appeals, including the Court of Appeals for the Federal Circuit. We also represent clients in writ of mandate actions in superior court challenging or defending government actions.