Representative Matters

Represent prime contractors in various cases and arbitrations against Caltrans involving disputed claims for compensation for extra work on major highway improvement projects. Read More

Railyards Represented a buyer of a former railyard facility, including placement of pollution legal liability and cost cap insurance policies, for a commercial shopping center. Read More

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process. Read More

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings. Read More

Base Reuse Projects Assisted client in the early transfer of a former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for redevelopment as an educational facility. Assisted public parks client in the expansion of their land holdings through the early transfer of a former naval weapons storage property. Read More

Assisted contractor in preparation of claim for submittal to CalTrans Dispute Resolution Board. Read More

Brownfields Redevelopment Projects Represented numerous developers of contaminated properties in negotiating agreements with environmental oversight agencies. Represent lender in transaction involving on-going remediation of target property by third party and successfully negotiate appropriate indemnity protection. Represent numerous sellers and buyers of impacted properties including resolution of reporting obligations, transfer and management of past and future liability, insurance coverage, and management of agency, lender and tenant concerns. Read More

Represented levee contractor in preparing claims to Sacramento Area Flood Control Agency. Read More

Landfills/Drum Disposal/Recycling Sites Representing potentially responsible parties in multiparty Superfund and cost recovery cases, including at the BKK Landfill Site in West Covina, CA and the Mouren-Laurens/Leach Oil Company (Rev973) Sites in Compton, CA. Negotiated cost sharing agreement and indemnity agreement with defense group and settlement agreement with U.S. Environmental Protection Agency to avoid significant litigation costs. Read More

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims. Read More

Regulatory Compliance Advised clients regarding hazardous waste generation, storage, transportation and disposal requirements. Represented clients in permitting processes, with particular emphasis on well installation and destruction, waste discharge requirements, and underground storage tanks. Read More

Represented bidder protesting and securing award of contract for sale of medical beds to the State. Read More

Dry Cleaners, Gas Stations, and Bulk Oil Storage Facilities Brought Superfund cost recovery action against former dry cleaner operator and former shopping center owners with respect to impacts to the shopping center and adjacent, residential neighborhood on behalf of current property owner and master tenant. Represented owner of Northern California bulk oil storage facility in settlement of two related-actions involving impacts from a prior owner’s operations. Represented numerous property owners with respect to releases from dry cleaner and service station tenants. Typically, this has included resolution of lease disputes, regulatory enforcement directives and orders, insurance claim disputes, fulfillment of lender requirements, preparation of prospective buyer and tenant disclosures and management of concerns regarding indoor air health risks. Read More

Represented bidder protesting award of statewide fuel supply contract awarded using reverse auction methodology and obtaining settlement following protest hearing. Read More

Deed Restrictions Negotiated multiple deed restrictions on behalf of property owner clients in connection with receipt of a No Further Action letter. Read More

Represented fire retardant manufacturer challenging U.S. Forest Service restrictions on fire retardant at U.S. GAO, Court of Federal Claims, Court of Appeals for the Federal Circuit, Arizona District Court, and Ninth Circuit Court of Appeals. Read More

Represented seller in negotiating agreement for local public entity’s purchase of a composting system and associated support. Read More

Represented buyer of impacted former railyard facility, including placement of pollution legal liability and cost cap insurance policies. Read More

Successfully represented small business in federal bid protest on set-aside contract for review of medical billings. Read More

Represented multiple contractors before California Department of Corrections and Rehabilitation’s Audit Review Committee in resolving disputes over payments on contracts for counseling and housing services for parolees. Read More

Represented numerous property owners with respect to releases from dry cleaner and service station tenants. Typically, this has included resolution of lease disputes, regulatory enforcement directives and orders, insurance claim disputes, fulfillment of lender requirements, preparation of prospective buyer and tenant disclosures and management of concerns regarding indoor air health risks. Read More

In writ of mandate action, successfully represented bidder challenging denial of bid protest of contract for drug and alcohol diversion program monitoring and testing. Read More

Represented marina concession contractor in litigation challenging State’s early termination of its contract. Read More

Advised client in preparing bid to administer California “LifeLine” program. Read More

Prop. 65 Represented numerous retail clients in defense of Proposition 65 action for failure to warn of health risks arising from exposure to hazardous substances. Read More

Represented developer of airport fuel facility in acquisition of rights of way for underground pipeline. Read More

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

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

Represented developer in preparing covenants, conditions and restrictions (CCRs) and reciprocal easements (REA) for various office park projects in greater Sacramento area. Read More

Represented developer of Olympus Corporate Center in Roseville in connection with covenants, conditions and restrictions for multi-parcel business park. Read More

Represent national construction company in acquisition of haul road easements over public and private lands between aggregate quarry and processing facilities. Read More

Represent construction company in obtaining easement to deposit on adjacent lands clay and silt resulting from settlement ponds. Read More

Represent racquet club in granting easement to City of Sacramento for use and maintenance of bike path. Read More

Represent hospital and health care system in obtaining sewer easement over adjacent commercial properties. Read More

Represent restaurant owner in connection with multi-party reciprocal access easement over shopping center property. Read More

Represented landowner/developer in connection with conservation easement to preserve manager to establish preserve at and around Morrison Creek. Read More

Represented construction company in connection with haul roads over competing construction company’s lands. Read More

Represented developer in connection with CCRs and REA for retail center in El Dorado County, California. Read More

Represented mining company in recording restrictive covenants against adjacent parcels prohibiting challenges to mining activities and competing activities. Read More

Represented landowner in multi-party CCRs regarding Howe-El Camino shopping center and operation of car wash facility. Read More

Represented landowner in drainage easement agreement and reciprocal grant of easements to allow storm drainage across newly developer parcels in excess of historical drainage patterns. Read More

Represent land and cattle company in granting conservation easement as to nearly 7,000 acres for wildlife and rangeland. Read More

Represented bank in negotiation of multi-party reciprocal easement agreement for shopping center property in Sutter County. Read More

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

Represented developer in preparation of CCRs for the first major new commercial office development in the City of Sacramento outside the core downtown. Read More

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

Represent trucking company in connection with environmental contamination issues related to purchased and operated trucking terminals. Read More

Represent land purchaser in connection acquisition of commercial property in Monterey County which is the subject of ongoing environmental mitigation activities. Read More

Represent landowner in connection with tenant contamination, remediation and monitoring of gasoline service station parcel. Read More

Represent purchaser of contaminated industrial property in connection with obtaining indemnities and remediation obligations from seller. Read More

Represented insurance company lender in connection with various secured permanent loans and construction loans ranging from $1m to $10M. Read More

Represented bank in connection with various secured permanent loans ranging from $1M to $5M. Read More

Represented ground lessor in connection with encumbrance of downtown land and high-rise office buildings to secure construction loans, permanent loans and refinancings ranging from $35M to $70M. Read More

Represented publically traded winery and vineyard in connection with operating loans. Read More

Represented borrower in loan workout, deed-in-lieu and settlement agreement with respect to seller carry-back financing for multiple undeveloped properties in California. Read More

Represent lender under seller carry-back note in connection with forbearance agreement following borrower defaults. Read More

Provide legal opinion confirming enforceability of California deed of trust and creation and perfection of real property and UCC collateral in $2,000,000,000.00 refinancing of oil and gas business. Read More

Represent numerous borrowers in connection with loans from institutional lenders using Laser Pro forms, and creation of Loan Document Modification Agreement (LDMA) to tailor forms to transaction. Read More

Advise Lender on real estate due diligence, permitting, California PUC, deed of trust and opinion issues in $200,000,000 wind park financing. Read More

Represent purchaser of stock assets in connection with loan agreement and note for seller carry-back secured financing. Read More

Advise United Kingdom Ministry of Defense and provide opinion regarding guaranty of affiliate’s contract by California business entity. Read More

Represented landowner group in connection with multiple forgivable loans from City of Sacramento and Redevelopment Agency for use in improving historic monuments and properties. Read More

Advise Energy Company on preparation of easements on California property and provide legal opinion on California deed of trust for company’s bank financing. Read More

Prepare and issue borrower’s counsel opinions to numerous institutional lenders in connection with construction and permanent financings. Read More

Advise food industry client on California real estate transfer issues, California bulk sales and California WARN Act in $10,000,000 asset acquisition. Read More

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

Advise oil company on transfer issues related to oil wells on public land and other real property issues and provide deed of trust opinion in $550,000,000 refinancing. Read More

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. Read More

Worked with 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. Read More

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. Read More

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

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

Represent landowner in cost-sharing agreement with neighboring landowner with respect to substantial relocation of Morrison Creek. Read More

Represent landowner in negotiation of agreement for relocation of water line and construction of sound wall between serving adjacent properties. Read More

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. Read More

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. Read More

Represented hospital system in numerous leases of medical office buildings throughout California. Read More

Represented large publically traded construction company in connection with numerous long-term aggregate mining leases and related royalty agreements. Read More

Represented shopping center owner in connection with leases of in-line and pad sites to national retailers and smaller local tenants. Read More

Represented construction company in obtaining exclusive rights and license to mine aggregates from thousands of acres of prime land in Sacramento County from rocket company. Read More

Represented landowner group as landlord in connection with lease of historic theater in downtown Sacramento as well as adjacent retail and office spaces. Read More

Represented landowner in negotiating and documenting lease of parcel in Fresno shopping center to True-Value Hardware franchisee. Read More

Represent landlord in obtaining performance guaranty regarding tenant lease obligations. Read More

Represent tenant in license and option to lease various aggregate mining properties in California, including complex royalty structures. Read More

Represent prominent Sacramento developer in enforcement of rights under aggregate mining lease to third party. Read More

Represent large water district in connection with the grant of numerous oil and gas leases to oil companies and prospectors on agricultural and other lands, including tailored site access agreements. Read More

Represented tenant in connection with letter of intent for substantial office lease in downtown high-rise office building. Read More

Represent tenant in negotiation of work letter agreements relating to landlord construction of base building work and tenant construction of tailored tenant improvements. Read More

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

Successfully represented a wastewater discharger in enforcement proceedings before the Central Valley Regional Water Quality Control Board related to the rupture of a dairy storage lagoon. Read More

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. Read More

Advised grower clients regarding new Waste Discharge Requirements presented in the Irrigated Lands Regulatory Program, including the Farm Evaluation Survey, Monitoring and Reporting Program, Farm Water Quality Plan, “high vulnerability areas,” and Nitrogen Management Plan. Read More

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. Read More

Represented dairy clients concerning Waste Discharge Requirements and potential enforcement actions. Read More

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. Read More

Advised client regarding the catastrophic failure of an aboveground storage tank at a fertilizer plant and long-term impacts to fields. Read More

Represent developer partnership in connection with various management services agreements for provision of entitlement services. Read More

Represented developer partnership in connection with management services agreements for management and leasing of retail and office properties. Read More

Represent landowner in processing claims by third parties for Americans With Disabilities Act (ADA) violations. Read More

Represent upscale shopping center owner in prosecuting unlawful detainers against defaulting tenants. Read More

Represent landlord in connection with numerous amendments and extensions of office building subleases. Read More

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. Read More

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. Read More

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. Read More

Represented foreign financial institution in acquiring a California-based bank on an expedited basis as mandated by FDIC. Read More

Represented one of group of landowners to negotiate complex cost sharing agreements and development agreements with public entities for financing and construction of levee improvements and flood protection facilities. Read More

Represented shareholders of an U.S.-based multinational energy field service company in the sale for cash of all outstanding stock to a new public company. Negotiated and drafted the stock sale agreement and related sale documents. Coordinated due diligence tasks, including compliance with the Foreign Corrupt Practices Act in the company’s foreign operations. Read More

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. Read More

Advised a regional nonprofit corporation in its acquisition by merger of a struggling nonprofit corporation in an adjacent region. Read More

Represented a target corporation in a merger between a large national construction company and a regional specialty construction corporation. Read More

Represented property owner in action to quiet title action to confirm easement rights. Successfully obtained judgment in favor of owner. Read More

Represented European entity, similar to an LLC, in its acquisition of a technology company in central United States. Responsible for all aspects of due diligence and negotiating and drafting the relevant purchase agreements. Read More

Represented lender in action to confirm priority of deed of trust over previously recorded deed of trust for a home equity line of credit. Read More

Represented a U.S.-based international energy corporation in its sale of a minority stock interest to a company organized under the laws of Singapore. Assisted in negotiating and drafting the stock purchase agreement, convertible debt instruments, registration rights agreement and other related documents. Read More

Represented title company in action filed against it for fraud and breach of duty with respect to sale of property. Read More

Successfully defended lender in action by contractor to foreclose on mechanic’s lien where contractor claimed priority over lender’s construction loan deed of trust. Read More

Counseled and represented a shareholder in a transaction to acquire the majority interest from the other owners of an existing restaurant and bar. Read More

Represented credit union in bankruptcy adversary proceeding to establish the priority of its deed of trust over an earlier revolving equity line of credit and deed of trust that had not been properly closed and reconveyed. Read More

Advised a large international software company in its acquisition of a U.S.-based software corporation. Negotiated and drafted the asset purchase agreement, assignment and assumption agreements, intellectual property transfer documents, and other related documents. Read More

Represented lender in action to quiet title where original deed of trust and original loan documents were missing and had not been properly recorded. Read More

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. Read More

Counseled and represented local container manufacturer in the sale for cash of all outstanding stock to regional manufacturer. Read More

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. Read More

Counseled and represented regional beer distributor sale of business to large beverage distributor. Read More

Represented developer in claims against seller in excess of $46 million related to purchase and sale contract with “put right.” Issues involved contract interpretation, sufficiency of wetlands permit delivered, and mitigation required for wetlands and endangered species, and an understanding of the processes and requirements of various agencies, including the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service. Read More

Advised and represented shareholders of gaming concern in sale of their stock to remaining shareholders. Counseled concerning state and municipal licensing approvals needed. Negotiated and drafted the sale agreement and related security documents. Read More

Represented buyer in purchase of real property for soft drink bottling operation for purchase price of approximately $7.8 million. Read More

Represented shareholders of California energy service company in sale of control to designated managers within the company. Negotiated and drafted sale agreement and related security documents. Read More

Represented large publically traded construction company in numerous acquisitions of aggregate mining properties in California for purchase prices ranging from $1M to $20M. Read More

Counseled and represented a shareholder in a transaction to acquire the majority interest from the other owners of an existing restaurant and bar. Read More

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

Advised multimillion dollar family-owned manufacturing business through ownership transfer to the next generation together with a new financial management team that took minority ownership interest. Read More

Represented buyer in purchase of 510 acres of undeveloped land for development into a golf course and residential subdivision. Read More

Counseled family general partnership in its ongoing ownership of real property, including transition to an LLC and renegotiation of existing mineral lease agreements with a power plant operator. Advised family regarding the transition of ownership and management to the next generation. Read More

Represented worldwide oil company in bulk sale of marketing assets and service station properties located in seven northeastern states for purchase price of approximately $325M. Read More

Counseled a large corporation through management succession upon the retirement of Chairman of the Board, including the replacement of an ineffective transition President. Read More

Represented major ski resort operation in option and exchange agreement to facilitate development of condo/time share and retail project with land values of approximately $18M. Read More

Advised a local corporation which owned and operated a gas station, automobile repair shops and rental properties regarding an ownership transition issues associated with an asset sale and estate plan. Read More

Represented landowner group in connection with sale of historic theater property in downtown Sacramento. Read More

Counseled multimillion dollar manufacturing business in California regarding the transfer on the death of its principal shareholder of the company’s stock to charitable trust, while maintaining preferred stock returns to uninvolved spouse. Also advised regarding the prospective management transition from the founder to new management team on death of the founder. Read More

Represented land purchaser in detailed and complicated title review and analysis related to acquisition of senior living facility in Bay Area, including strategies for removing problem encumbrances. Read More

Advised family-owned technology company through its transition planning using stock option agreements and eventual management takeover by key employees. Read More

Represented owner of property in negotiation and preparation of tailored listing agreements (aka listing agreements or commission agreements) related to leasing and sale or property interests. Read More

Advised a family run lobbying firm regarding transition planning to key management personnel on the retirement of the main lobbyist. Read More

Represented large trucking company in purchase and sale of numerous properties used for location of trucking terminal facilities. Read More

Advised a large corporation in securing a multi-million dollar operational line of credit from a major national bank. Read More

Represented country’s largest equipment rental company in purchase and sale of various properties in Western United States for location of retail rental and sales yards and offices. Read More

Represented Chapter 11 bankruptcy debtor-in-possession plumbing equipment supplier in sale of numerous properties used for retail branches company. Read More

Assisted in representing a public company in securing a multi-billion dollar asset-based syndicated loan and line of credit for multinational public company. Negotiated and drafted the loan agreement, guaranty, collateral documents, borrowing base documents, disclosure schedules and other associated documents. Read More

Represented Church in connection with simultaneous exchange of undeveloped commercial properties, including obligations of other party to obtain entitlements and pay boot. Read More

Assisted a municipal client in investigating and remediating a regional PCE plume released from multiple third party facilities and obtained significant Cleanup and Abatement Account grant funds to finance the multi-year project. Read More

Counseled a startup corporation through its initial sale of securities to outside investors. Read More

Represented developer in sequenced purchase of leased retail center land and then concurrent sale of same to third party, as well as obtaining no-further action letter related to environmental contamination and remediation. Read More

Advised client regarding evacuation of a warehouse facility caused by hydrogen sulfide releases and managed the subsequent investigation and remediation as well as employee notices and concerns. Read More

Advised and represented nonprofit corporation in its initial issuance and subsequent reissuance of tax-exempt bonds. Read More

Represent development company in negotiation of sequenced exchange of commercial properties with major waste processing and disposal company. Read More

Represented property owner in a DTSC enforcement action involving hexalvalent chromium and arsenic impacts caused by historic wood treatment activities. Read More

Advised beverage corporation in securing a multi-million dollar operational line of credit from a major national bank. Read More

Represented commercial property owner in drafting and negotiation of grant deed containing substantial restrictive covenants and reservations of exclusive rights. Read More

Assisted developer client to obtain grant funding from the Orphan Site Cleanup Fund for remediation of Stoddard Solvent releases from historic, third dry cleaning operations. Read More

Advised an operating corporation in acquiring a large private loan. Negotiated and drafted relevant documents, including a security agreement, financing statements, loan agreement and promissory notes. Read More

Represented mining company in connection with purchase of mining and mitigation properties involving multi-year sequenced partial closings. Read More

Negotiated a deed restriction with the Central Valley Regional Water Quality Control Board for a property owner client in connection with residual free product at a petroleum site and obtained a No Further Action letter. Read More

Represented large privately-held corporation in its qualification of a series of debt securities offerings with the California Department of Corporations. Read More

Represented mining company in connection with option to purchase various mining properties in Sacramento and Butte Counties. Read More

Represented a buyer of a former railyard facility, including placement of pollution legal liability and cost cap insurance policies, for a commercial shopping center Read More

Counseled a large agricultural corporation through the process of regular board meetings and advised its board on issues relating to interested director transactions following discovery of improprieties by a former shareholder and board member. Read More

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

Assisted client in the early transfer of a former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for redevelopment as an educational facility. Read More

Advised a large manufacturing corporation regarding claims by distributors which were governed by federal regulatory agencies. Read More

Assisted public parks client in the expansion of their land holdings through the early transfer of a former naval weapons storage property. Read More

Counseled a large manufacturer on issues concerning the Foreign Corrupt Practices Act with respect to its business operations in the Far East. Read More

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

Represented numerous developers of contaminated properties in negotiating agreements with environmental oversight agencies. Read More

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

Represent lender in transaction involving on-going remediation of target property by third party and successfully negotiate appropriate indemnity protection. Read More

Advised a local professional corporation through the process of documenting its corporate records. Read More

Represented land purchaser in negotiation of both binding and non-binding letters of intent for various transactions. Read More

Represent numerous sellers and buyers of impacted properties including resolution of reporting obligations, transfer and management of past and future liability, insurance coverage, and management of agency, lender and tenant concerns. Read More

Counseled then oldest California newspaper in procedures close to its business. Read More

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. Read More

Representing potentially responsible parties in multiparty Superfund and cost recovery cases, including at the BKK Landfill Site in West Covina, CA and the Mouren-Laurens/Leach Oil Company (Rev973) Sites in Compton, CA, Read More

Represented large privately-held corporation in its qualification of a series of debt securities offerings with the California Department of Corporations. Read More

Represented a large hospital in connection with complicated remapping of multiple downtown properties involving more than 10 separate owners to facilitate major $170M expansion and renovation. Read More

Represented owner of Northern California bulk oil storage facility in settlement of two related-cases involving impacts from a prior owner’s operations. Read More

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. Read More

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

Successfully settle multimillion-dollar CERCLA and HSAA cost recovery action brought by DTSC following releases from a former wood treatment facility. Read More

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. Read More

Brought Superfund cost recovery action against former dry cleaner operator and former shopping center owners with respect to impacts to the shopping center and adjacent, residential neighborhood on behalf of current property owner and master tenant. Read More

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. Read More

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. Read More

Represented fireworks manufacturer in defense of complex, multi-party, perchlorate contamination litigation in multiple United States District Court actions. Read More

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

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

Represented numerous retail clients in defense of Proposition 65 action for failure to warn of health risks arising from exposure to hazardous substances. Read More

Agriculture Matters • Advise multiple clients on regulatory changes expected under CV SALTS and Basin Plan Amendments. Read More

Successfully defended management and corporation against charges of fraud, mismanagement and involuntary dissolution in three-phase trial. Litigation involved the legitimacy of stock transfers and the corporation’s value. Read More

Represented agricultural water users in twin, high-profile cases challenging federal agencies’ biological opinions related to endangered aquatic species. Litigation team obtained summary judgments finding that biological opinions were arbitrary, capricious and not supported by best available science. Team also obtained multiple injunctions pre- and post-judgment enjoining aspects of biological opinion’s “reasonable and prudent alternatives” that limited water exports from Sacramento-San Joaquin River Delta. Read More

Advised clients regarding hazardous waste generation, storage, transportation and disposal requirements. Read More

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

Advised multiple clients regarding emergency spill reporting obligations. Read More

Advised client regarding limitations upon its product distribution following a voluntary recall of products in commerce. Read More

Represented agricultural water users in successful defense of action brought under NEPA challenging habitat conservation planning process for the Bay Delta Conservation Plan. Read More

Represented clients in permitting processes, with particular emphasis on well installation and destruction, waste discharge requirements, and underground storage tanks. Read More

Advised and represented client in cancellation of trademark that infringed upon the client’s mark. Read More

Represented major agricultural water suppliers before Central Valley Regional Water Quality Control Board regarding issuance of National Pollutant Discharge Elimination System permits under the federal Clean Water Act. Read More

Assisted client in early transfer of former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for an educational facility. Read More

Advised client regarding use of sinking fund for unredeemed debt instruments upon dissolution. Read More

Defeated petition for writ of prohibition seeking to enjoin terrestrial and aquatic testing conducted in connection with proposed Bay Delta Conservation Plan. Read More

Assisted public parks client in expansion of land holdings through early transfer of naval weapons storage property. Read More

Counseled major agricultural corporation concerning a court directed buy-out of a shareholder pursuant to Corporations Code section 2000 upon action to dissolve the corporation. Read More

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

Negotiated consent decrees with the U.S Environmental Protection Agency and the Department of Toxic Substances Control (DTSC) on behalf of defense group. Read More

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. Read More

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. Read More

Negotiated cost sharing agreement and indemnity agreement with defense group and settlement agreement with U.S. Environmental Protection Agency to avoid significant litigation costs. Read More

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. Read More

In writ of mandate action, successfully represented bidder challenging denial of bid protest of contract for drug and alcohol diversion program monitoring and testing. Read More

Represented client in DTSC enforcement action involving hexalvalent chromium and arsenic impacts caused by wood treatment activities. Read More

Represented amicus curiae in assisting city to reverse a writ of mandate that found city had rejected bidder on public works project improperly, raising an issue of responsiveness versus responsibility. Vinciguerra v. City of San Luis Obispo, 2012 WL 2878197 (July 16, 2012) (unreported). Read More

Represent potentially responsible parties in large joint defense groups with respect to waste records databases, interim allocation systems, de minimis settlements, settlements with recalcitrant parties, direction to consultants regarding field work and negotiation of consent decrees with oversight agencies to define appropriate scopes of work. Read More

Represented limited liability company pursuing multi-million dollar claims in arbitration for breach of contract against 27 parties. Issues included legality of contract termination payments, alleged unconscionability, unfair business practices and restraint of trade. Following a 30-day arbitration hearing that included exchanging tens of thousands of documents, 30 percipient witnesses, five retained experts, over 1000 exhibits, and more than 500 pages of post-hearing briefing, the arbitrator concluded that our client was the prevailing party, and awarded substantial damages, plus attorneys’ fees and costs. Read More

Successfully represented bidder overturning dismissal for lack of jurisdiction of challenge to U.S. Forest Service rule as violating Administrative Procedure Act. Fire-Trol Holdings LLC v. United States Forest Service, 209 Fed. Appx. 625 (9th Cir. 2006) (unpublished). Read More

Represented buyer of impacted former railyard facility, including placement of pollution legal liability and cost cap insurance policies. Read More

Defended corporation in class action case alleging false advertising and seeking $70 million in damages, plus injunctive relief. Successfully settled the case with a nominal payment. Work also involved arbitrating a $3.8 million attorney fee demand and achieving an arbitration award substantially exonerating our client. Read More

Successfully represented school district in defending against writ of mandate challenging authority to use Construction-Manager-at-Risk methodology. Read More

Multisource Regional Plumes Assisted a municipal client in investigating and remediating a regional PCE plume released from multiple third party facilities and obtained significant Cleanup and Abatement Account grant funds to finance the multi-year project. Read More

Defended one shareholder and director in derivative action brought by other shareholder and director alleging breaches of fiduciary duty, fraud and mismanagement. Case won through summary adjudication and settlement of remaining portions of the case. Read More

Successfully represented bidder denied its statutory bid protest right by State. United Systems of Arkansas v. Stamison, 63 Cal. App. 4th 1001 (1998). Read More

Served as an expert witness concerning site remediation and recovery from the Underground Storage Tank Cleanup Fund. Read More

Represented international corporation in federal court defending against claims of breach of fiduciary duty and challenges to corporate management and ownership. Discovery and case preparation included international procedures and significant use of translators. Read More

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996). Read More

Represented numerous property owners with respect to releases from dry cleaner and service station tenants. Typically, this has included resolution of lease disputes, regulatory enforcement directives and orders, insurance claim disputes, fulfillment of lender requirements, preparation of prospective buyer and tenant disclosures and management of concerns regarding indoor air health risks. Read More

Counseled a large manufacturer on issues concerning the Foreign Corrupt Practices Act with respect to its business operations in the Far East. Read More

Successfully represented qui tam relator on False Claims Act complaint in overturning refusal to remand to state court for lack of diversity jurisdiction. State of California ex rel. Service Disabled Veterans Telecommunications v. MCI Telecommunications Corp., 185 F.3d 868 (9th Cir. 1999) (unpublished). Read More

Represented a corporation in the acquisition of software and other intellectual property rights from a dissolving competitor. Read More

Assisted in representing contractor on major software development contract both before termination and in post-termination litigation, recovering from State for termination following trial. Read More

Advised and represented client in negotiation of private label beverage bottling agreement. Drafted the bottling agreement. Read More

Represented a client in licensing its proprietary intellectual property marks to a third party vendor. Read More

Represented contractor in defending against bid protest and securing construction work, and assisted contractor in negotiating claims with public owner following construction. Read More

Advised and represented client in leasing port facilities to export agricultural products. Read More

Successfully represented second-low bidder in bid protest challenging low bidder as not being responsible bidder. Read More

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. Read More

Advised and represented client registering multiple trademarks with United States Patent and Trademark Office. Read More

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. Read More

Advised and represented client in negotiation of packing agreement to produce pet foods using client’s agricultural products. Drafted packing agreement. Read More

Guided an individual through the selection of an appropriate entity to purchase an existing restaurant. Organized a new corporation and prepared all necessary agreements to transfer ownership of the restaurant’s assets to the newly formed corporation. Read More

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. Read More

Counseled a startup venture on the preparation of its formation documents as a limited partnership in heavily regulated industry. Prepared all formation documents for the limited partnership. Read More

Assisted large family partnership that owns considerable real property in conversion from a general partnership to a limited liability company, including preparing its operating agreement and related formation documents. Read More

Advised and represented corporation in its issuance of securities and obtaining liquor license to sell alcoholic products. Read More

Advised and represented new limited liability company that obtained liquor license for on-premises liquor sales. Read More

Over time have advised and represented many closely-held business ventures formed as corporations, including preparation of articles of incorporation, bylaws, shareholder agreements, and securities documents and related compliance filings. Read More

Counseled investor in the purchase and negotiation of multiple commercial properties nationwide. Read More

Advised regional specialty construction company through its formation as a corporation, including preparation of articles of incorporation, bylaws, shareholder agreements and related formation documents. Read More

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. Read More

Represented landowner in negotiation with lessee mining company for lessee’s mining reclamation plan. Read More

Advised, formed, and represented group trust through which public employee pension plans from three states acquired and managed over 14 years a diversified portfolio of commercial and industrial real properties located in ten states. Read More

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. Read More

Counseled WBE regarding principal’s ownership transition to key employees, while maintaining status as WBE. Read More

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

Assisted client in substantially amending lease for space in an office park and negotiating on their behalf. Read More

Advised a construction company certified as a Disabled Veteran Business Enterprise in its compliance with the changing certification regulations. Read More

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. Read More

Advised clients regarding Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims. Read More

Advised landlord clients in their negotiations with tenants, including drafting of necessary leases, amendments, etc. Read More

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996). Read More

Assisted in early litigation strategies for a case involving several thousand potentially responsible parties (PRPs). Read More

Represented tenant in modification of multiple sublease agreements for space in an office building. Read More

Represent prime contractors in various cases and arbitrations against Caltrans involving disputed claims for compensation for extra work on major highway improvement projects. Read More

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. Read More

Advised client regarding large portfolios of Underground Storage Tank Cleanup Fund claims, assignments and applications. Read More

Represented tenant in modifying the terms of its lease for retail space in a large shopping mall. Read More

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process. Read More

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

Drafted appellate brief regarding a California Environmental Quality Act claim. Read More

Advocated for a dairy in the State Water Resources Control Board’s (SWRCB) investigation for unpermitted releases. Read More

Represented Disabled Veteran Business Enterprise in its certification process and succession planning for future owners. Read More

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

Drafted advice memorandum to client regarding statute of limitations for California Air Resources Board enforcement action. Read More

Guided school district in the Air Resources Board’s investigation of a school for asbestos contamination. Read More

Counseled Minority-Owned Business Entity in sale of minority interest to large corporation. Read More

Represented developer of underground natural gas storage project in joint venture (LLC) with financial partners, including negotiations for operating agreement and several amendments, arrangement for disbursements. Read More

Responded to discovery requests. Read More

Represented landowner in contesting denial of its claims from the SWRCB’s underground storage tank fund. Read More

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. Read More

Drafted answer to Clean Water Act citizen suit complaint. Read More

Advised a private corporation in its acquisition of financing for its international subsidiary with a Hong Kong lender. Read More

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. Read More

Advised clients regarding environmental and land use issues, including CEQA, the CWA, the Porter-Cologne Water Quality Control Act, the Public Utilities Commission, and waste management. Read More

Represented employee-daughter in stock purchase of minority share of her employer-father’s company. Read More

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. Read More

Drafted findings of fact and statement of overriding considerations for 1,600 unit development in northern California. Drafted and filed CEQA notices of exemption. Read More

Assisted client with formation of corporation for the operation of a restaurant franchise. Read More

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. Read More

Drafted Specific Plans and Area Plans. Read More

Guided church school in obtaining new financing for improvements to its campus. Read More

Advised regional franchisor in registering and renewing its franchise disclosure documents with the California Department of Corporations. Read More

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. Read More

Submitted comments on new rate schedule to the California Public Utilities Commission and participated in rate-setting settlement conferences. Read More

Counseled multiple charitable organizations in the formation of their non-profit entities and obtaining tax-exempt status. Read More

Represented franchisee in resolving a dispute involving unregistered franchise documents. The franchisee was able to retain control of disputed marks, property and intellectual property. Read More

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. Read More

Assisted in trial preparation for a complex construction litigation case Read More

Reviewed formation documents for dental group forming a professional corporation and service entity. Read More

Advised new franchisor in development of its franchise agreement and the franchise disclosure documents necessary to register under applicable state franchise laws governing offers and sales of franchises. Read More

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. Read More

Advocated for client during a Department of Business Oversight’s (DBO) investigation. Read More

Advised operating franchisee in withdrawal from different franchise systems. Read More

Assisted multiple clients in registering trademarks with the United States Patent and Trademark Office (USPTO). Read More

Counseled franchisee in terminating existing franchise after failures by the franchisor to observe the franchise agreement. Read More

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. Read More

Advised franchisor in resolving disputes with delinquent and nonconforming franchisees in its national service franchise system. Read More

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. Read More

Counseled a startup venture on the preparation of its formation documents as a limited partnership in heavily regulated industry. Prepared all formation documents for the limited partnership. Read More

Formation of two-party LLC regarding 74.84 acres in the County of El Dorado, California, for development of a retail/commercial project, including approximately 400,000 square feet of retail/commercial improvements and design and engineering for a road/parkway to Highway 49 and associated EIR process. Read More

Advised, formed, and represented group trust through which three state employee pension systems acquired and managed over 14 years a diversified portfolio of commercial and industrial real properties in ten states. Read More

Formation of a multiple-party “owner’s group” LLC regarding approximately 800 acres in Sacramento County, California within the Elverta Specific Plan, for the purpose of combining efforts to acquire mitigation, park, and school lands for the benefit of all developer members. Read More

Formed and represented venture through which local investors, a major international financial institution, and East Coast hedge funds proposed a new power project. Read More

Formation of three-party LP regarding 189 acres along U.S. Highway 287 in Tarrant County, Texas, for mixed-use land development project [commercial, office, retail, and/or residential sites]. Read More

Advised and represented a client in a complaint proceeding before the California Energy Commission. Read More

Formation of three-party LP regarding aproximately 58 acres along or near State Highway 121 in Denton County, Texas, for development of single family residences. Read More

Represented large privately-held corporation in its qualification of a series of debt securities offerings with the California Department of Corporations. Read More

Advised and represented newly-formed corporation in issuance of securities and obtaining liquor license to sell alcoholic beverages. Read More

Advised and represented intellectual property owner in lease of property to European group. Read More

Advised, formed, and represented new limited liability company in obtaining liquor license to operate a bar and restaurant. Read More

Negotiated hundreds of commercial leases for landlords and tenants, including retail, office and industrial leases. Read More

Advised and represented California company in qualifying on an expedited basis its acquisition through European tender offer exempt from federal registration under the Securities Act of 1933. Read More

Negotiated, documented and closed the acquisition and disposition of office buildings, net-leased single tenant investment properties, commercial condominiums, and industrial buildings, including the purchase of a 7,000 square foot office condominium on K Street in Sacramento, the purchase of a 6,000 square foot single tenant building in a shopping center in Redding, and a $3M sale of an industrial building in Santa Clara. Read More

Advised and represented large publicly-owned corporation in obtaining its contractor’s license from the State of California upon spin-off from publicly-owned parent. Read More

Represented a large, family-owned winery in the acquisition of more than 9,000 acres of land in San Joaquin County. Read More

Advised and represented nonprofit client in registering the trademark used in its program activities. Read More

Represented the largest United States wireless telephone company in real estate matters in its Central California, Northern California and Northern Nevada service areas, including negotiation and preparation of leases for land, tower and rooftop leases for hundreds of cell sites, as well as the acquisition of Subordination, Non Disturbance and Attornment Agreements from national banks. Read More

Counseled a group of first responders in creating a nonprofit foundation to support organizations involved in emergency response and preparedness. Read More

Negotiated anchor shopping center lease for a Sacramento owned and operated specialized grocery store. Read More

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. Read More

Represented high-end clothing retailer in lease negotiations with Westfield. Read More

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. Read More

Guided a physician through the process of acquiring a mixed use, multi-unit building in San Francisco, and securing SBA financing for the purchase and extensive building remodel. Read More

Counseled nonprofit religious corporation concerning use of sinking fund for matured notes not yet been tendered for payment. Read More

Negotiated the loan agreement, deed of trust, indemnity agreement and other ancillary documents required by lender to provide financing for the expansion of a bed and breakfast establishment in Placerville. Read More

Counseled nonprofit organization concerning allegations that officers had diverted assets to personal use. Read More

Acted as local counsel assisting out-of-state counsel navigate the nuances of purchasing and financing real property in California. Read More

Advised a regional nonprofit corporation in its acquisition by merger of a struggling nonprofit corporation in an adjacent region. Read More

Prepared an agricultural lease for over 2,000 acres of land involving the construction of a mill, a nursery, wind turbines and residential housing. Read More

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. Read More

Successfully acquired a settlement from a National Title Company in connection with an ownership dispute. Read More

Counseled majority shareholders of a closely-held corporation on proper governance and other procedures necessary upon a dissolution motion filed by minority shareholder. Read More

Negotiated and closed the purchase of a 148-acre power plant site and numerous transmission line easements. Read More

Counseled family of deceased shareholder in a purchase of shares by remaining shareholders. Read More

Enforced environmental indemnity provision to collect significant costs incurred by the property owner in connection with a third party’s remediation activities. Read More

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

Assisted a responsible party with the negotiation of an environmental access agreement permitting entry to an adjacent site to perform remediation activities while limiting the scope of the client’s liability. Read More

Counseled and represented a shareholder in a transaction to acquire the majority interest from the other owners of an existing restaurant and bar. Read More

Negotiated a cost sharing agreement to allocate environmental liability between the property owner and dry cleaning operator. Read More

Guided a shopping center owner through the SB445 grant process to fund the remediation of releases from a prior tenant’s dry cleaning operations. Read More

Represented client in applying for grant funding from the Orphan Site Cleanup Fund for a prior gas station site that was illegible for the UST Cleanup Fund. Read More

Representing potentially responsible parties in multiparty Superfund and cost recovery cases, including at the BKK Landfill Site in West Covina, CA and the Mouren-Laurens/Leach Oil Company (Rev973) Sites in Compton, CA, Read More

Represented owner of Northern California bulk oil storage facility in settlement of two related-cases involving impacts from a prior owner’s operations. Read More

Successfully settle multi-million dollar CERCLA and HSAA cost recovery action brought by DTSC following releases from a former wood treatment facility. Read More

Represented contractor in an action to foreclose a mechanic’s lien against owners of a water treatment plant reservoir for a residential subdivision that purportedly was conveyed to a local water district after construction, raising novel issues involving the right to lien property where the property subsequently becomes public property. Read More

Brought Superfund cost recovery action against former dry cleaner operator and former shopping center owners with respect to impacts to the shopping center and adjacent, residential neighborhood on behalf of current property owner and master tenant. Read More

Represented prime contractor and surety in action by subcontractor to recover damages for lost profits, standby, and extended home office overhead under Eichley formula, where subcontractor was terminated before mobilizing for work on power plant construction project. Read More

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process. Read More

Represented numerous retail clients in defense of Proposition 65 action for failure to warn of health risks arising from exposure to hazardous substances. Read More

Successfully represented underground drilling contractor in preparing, recording and perfecting mechanic’s lien to secure payment for underground conduits and cabling installed by contractor for large cable company. Read More

Assisted in representing State agency in defending against claim for breach of contract for default termination, and in recovering additional costs of completion. Read More

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination. Read More

Represented city on claim for payment by contractor on public works contract terminated for convenience. Read More

Represented owners against developer/general contractor and multiple subcontractors in design and construction defect action involving residential properties. Successfully obtained writ of attachment, ex parte and without notice, freezing a sizable investment account held by developer. Thereafter, the developer (1) repurchased the homes and (2) reimbursed clients’ legal expenses. Read More

Defended construction engineering firm against a subcontractor’s claim for $1.6 million in alleged labor inefficiencies related to municipal wastewater treatment plant project for which client served as design engineer and construction manager. Read More

Represented public owner in defending action brought by general contractor and mechanical subcontractor for delay damages and extra expenses. Successfully settled with no contribution from client. Read More

Represented general contractor against public owner in $3 million dispute regarding construction of performing arts center. Issues involved design defects, delays, and subcontractor pass-through claims. Read More

Represented landowners in connection with negotiation of the sale of cell tower leases and/or easements from companies such as Unison. Read More

Represented city in defense of $3.6 million claim by drilling subcontractor for alleged differing site conditions related to construction of bridge. Successfully settled with contribution from design engineer. Read More

Represented public owner in pursuing claims against and defending claims of terminated construction contractor on $19 million public works contract. Litigation included exchanging tens of thousands of documents, 42 percipient depositions, 24 days of hearing, 21 percipient witnesses, over 750 exhibits, and more than 200 pages of post-hearing briefing. Our client was found to be prevailing party and was awarded substantial damages. Read More

Regularly draft, review and update front end bid documents for public owners. Read More

Represent hamburger chain franchise in connection with negotiations and documentation of construction for company owned stores. Read More

Revised standard subcontract terms for prime contractor. Read More

Regularly prepare and update Site Leases and Facilities Leases for school districts’ and County Office of Education lease-leaseback projects. Read More

Regularly draft, review and update construction contract general terms and conditions and special conditions for both public and private works projects. Read More

Regularly draft, review and update professional services agreements, including architects agreements, engineering services agreements, construction management agreements, and consulting and land surveyor agreements. Read More

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process. Read More

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996). Read More

Represent prime contractors in various cases and arbitrations against Caltrans involving disputed claims for compensation for extra work on major highway improvement projects. Read More

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996). Read More

Numerous representations of public owners and bidders on protests of public works contruction project awards. Read More

Represented contractor in protest against municipal project owner for improper award of $5 million project. Read More

Represented low bidder defending against bid protest for multi-million dollar highway improvement project where second low bidder challenged low bidder’s efforts to achieve disadvantaged business enterprises (DBE) participation goals. Successfully defeated petition for writ of mandate and prevailed in subsequent appeal to the Third District Court of Appeal. Read More

Regularly advise owners and bidders regarding bringing and responding to bid protests, including drafting and responding to detailed statements of protest and pursuing writs of mandate, where appropriate. Read More

Advised large corporation regarding structure of purchase of minority interest in DVBE to remain compliant with regulations. Read More

Successfully represented Disabled Veteran Business Enterprise (DVBE) in challenging California Department of General Services (DGS) refusal to renew DVBE certification. Read More

Represented Minority- and Woman-Owned Business in successfully challenging rejection of certification by CalTrans. Read More

Regularly advise disadvantaged businesses in complying with requirements for DGS and/or federal Veterans’ Administration certification. Read More

Represented bidder in a bid protest challenging the Department of General Services’ (DGS) intent to award a contract to a bidder that failed to meet Disabled Veteran Business Enterprise (“DVBE”) participation goals and failed to properly document DVBE solicitation efforts. Read More

Represented city in bringing false claims allegations against construction contractor for deliberate overstatements of work performed in progress payment requests. Read More

Defeated, on summary judgment, allegations that construction contractor had submitted false claims, including through change order requests. Read More

Represented medical clinics in voluntary disclosures to the federal government upon discovery of false claims by employees. Read More

Defended one owner against False Claims Act allegations brought against him due to conduct at methadone clinic being managed by another owner. Read More

Emergency Response Advised client regarding evacuation of a warehouse facility caused by hydrogen sulfide releases and managed the subsequent investigation and remediation as well as employee notices and concerns. Advised multiple clients regarding emergency spill reporting obligations. Read More

Advised client on pre-bid questions and other procedures as part of major State IT system procurement under Public Contract Code section 6611. Read More

Wood Treatment Facilities Represented property owner in a DTSC enforcement action involving hexalvalent chromium and arsenic impacts caused by historic wood treatment activities. Successfully settle multimillion-dollar CERCLA and HSAA cost recovery action brought by DTSC following releases from a former wood treatment facility. Read More

Represented clients in protesting intended award on major State IT systems procurement and securing a re-bid. Read More

Grant Programs Negotiated ten-year extension of the UST Cleanup Fund, creation of the Expedited Claim Pilot Program, expanded recovery under the Orphan Site Cleanup Program and the Site Cleanup Subaccount Program (SB 445) in 2014 Assisted multiple developer clients to obtain grant funding from the Orphan Site Cleanup Fund for remediation of releases from historic, third party operations. Read More

Represented Disabled Veteran Business Enterprise (DVBE) in litigation and negotiating settlement of termination for convenience on State software development contract. Read More

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996). Read More

Consent Decrees Negotiated consent decrees with the U.S Environmental Protection Agency and the Department of Toxic Substances Control (DTSC) on behalf of defense group and various individual clients. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More