Real Estate Litigation

Practical Solutions to Your Litigation

Real estate’s significance for nearly every business and individual makes it a common subject of litigation.  Lurie, Zepeda, Schmalz, Hogan & Martin represents all parties involved in real estate matters – developers, landlords, tenants, brokers, financial institutions and individuals – in wide-ranging disputes.  Whether you are embroiled in high-stakes litigation or private arbitration, we strive to conduct a thorough investigation, then plan and implement a strategy to achieve your goals as quickly and cost-effectively as possible.

We frequently resolve real estate disputes pertaining to:

Successfully represented nationally-chartered bank with respect to fraudulent loan applications submitted by California-borrowers in connection with purchases of investment properties in Florida.  We overcame California’s complex anti-deficiency laws through a strategy whereby deficiency judgments were obtained in Florida and domesticated and enforced in California.  Numerous borrowers filed for bankruptcy protection.  We successfully settled those actions on favorable terms after filing complaints to have the debts deemed non-dischargeable.

Successfully tried and obtained an interlocutory judgment in favor of clients on a partition of commercial real estate involving 110 tenants in common in Westside Los Angeles property, of which clients owned an 11.25% undivided tenant in common interest. Obtained the appointment of a receiver to sell the property. In a second trial for accounting and attorneys’ fees issues, the Court awarded clients 100% of back rent from January 1, 2007 to December 2014, an amount exceeding $230,000, and 100% of attorneys’ fees requested. Defendants were held responsible for payment of 88.75% of attorneys’ fees, over $290,000.

Defended claims against client for allegedly fraudulently inducing plaintiff to enter into and/or breach an option agreement to sell residential real estate allegedly valued in excess of $5,000,000.  Successfully obtained summary judgment in favor of client, as well as an order awarding attorneys’ fees to client.