Representative Matters

• Yamagiwa v. City of Half Moon Bay. Won judgment for $36.8 million in favor of plaintiff landowner in inverse condemnation action against City. A City-built storm drain project altered the topography of client’s 24.7-acre parcel, causing stormwater to collect in depressions on the property. The City approved subdivision of the property for 83 homes, but development could not proceed due to 7-year City-imposed moratorium based on sewer treatment capacity shortage.  After the sewer plant was expanded, City reversed its earlier decision and determined that wetlands had developed on the property, precluding its residential development.  Following bench trial, Court ruled that the City’s storm drain project was a substantial cause of the development of the wetlands, and awarded the full amount of damages sought.  (Yamagiwa v. City of Half Moon Bay, 523 F. Supp. 2d 1036 [N.D. Cal. 2007].)

• Anderson, et al. v. State of California and Ahrens, et al. v. City of Malibu. Inverse condemnation actions on behalf of Pacific Coast Highway oceanfront homeowners against the State and the City of Malibu. Following the 1993 Malibu fire, mud, rocks, and other debris washed out of Pena Canyon and Piedra Gorda Canyon, blocking culverts under Big Rock Drive and Pacific Coast Highway. The materials flowed onto the highway and into Clients’ homes, flooding them with as much as four feet of debris. After a 7-week bench trial, the trial court ruled that the State was liable for inverse condemnation. The cases thereafter settled for $11.25 million.

• County of Contra Costa v. Tosco Corporation. Acquisition of strips of Client's property on both sides of a State highway that bisected Client's 640 acres in western Contra Costa County. The property included a petroleum coke facility on 130 acres, but the remainder of the land was undeveloped. The highway widening project damaged the development potential of the property by reducing its access to and from the highway. Following legal issues trial to determine the size and number of larger parcels, case settled for $9.6 million.

• Orange County Transportation Authority v. OC Mills. Represented owner of The Block at Orange, a regional mall in Orange County, in eminent domain action. OCTA acquired 1.29 acres from mall's parking lot and outer ring road in connection with widening of State Route 22. The take impacted parking and internal circulation on the property. OCTA's initial offer was $2.2 million; after two years of litigation, the case settled for $7.75 million just prior to trial.

• City of Rancho Cucamonga v. Hofer Properties, LLC. Clients owned 9.6 acres adjacent to the Metrolink railroad tracks in Rancho Cucamonga. The City acquired a strip off the property's frontage to construct a grade separation, allowing the abutting street to pass underneath the railroad tracks. The grade separation caused the Clients' remaining property to suffer severance damages consisting of diminished access and visibility. The City's initial offer was $225,000; one week before trial, the case settled for $2 million plus a project change allowing restored access to the property.

• Greenwood & Co. v. C-D Investment Co. Represented defendant in 12-week jury trial involving the largest real estate commission in California history, over $12 million. Jury returned tort verdict exceeding $42 million against all remaining defendants except our Client. The Court of Appeal affirmed the judgment and the case settled after the California Supreme Court accepted review.

• City and County of San Francisco v. Chevys Restaurants. Eminent domain action by City and County of San Francisco for expansion of Moscone Convention Center. The acquisition included Client’s flagship restaurant location. Client relocated its restaurant one block away from the acquired location and, after legal issues trial concerning lease, Client settled its claim for lost goodwill for $3.8 million.

• Azusa Pacific University v. San Diego Community College District.  Inverse condemnation action for lost goodwill by private university that was displaced when its leased property was acquired for public use.   Client was offered no compensation and was forced to sue to recover increased rents that were charged at relocation site.  Client recovered over $700,000 in relocation benefits and compensation for lost goodwill.

• Alameda Corridor Transportation Authority v. EKCO Metals. Acquisition of a portion of property owned by family-run metals recycling business that had been in business for over 50 years. The acquisition was reconfigured in order to allow Client to stay in business, and Client's remaining claims were settled for $4.1 million.

• City of Placentia v. Office Depot. Acquisition by City of Placentia of successful office supplies store for ONTRAC trenched rail project. The store relocated to a nearby location in Fullerton which was not as favorable as the acquired location. Client asserted claims for value of the real estate, lost goodwill, and fixtures and equipment. Following depositions of expert appraisers, case settled just before trial for $5.6 million.

• State of California v. U-Haul Real Estate Company. Direct condemnation case involving 25,000 square feet of land taken from Client’s 4.25-acre parcel located in City of Riverside. Jury verdict after two-week trial and partial settlement resulted in recovery of more than four times the amount originally deposited by the State.

• Beck v. Evans, et al. Represented the former owner of a Malibu oceanfront home severely damaged in a landslide. Client was a cross-defendant in the case, which involved the present and former owners of five oceanfront properties near Point Dume. Plaintiff sought over $13 million in damages. After depositions of 47 expert witnesses, a favorable settlement was reached with numerous parties, removing Client from the litigation.

• Carousel Records v. Belkin Productions. 4-week jury trial involving claim of interference with recording contract. Represented recording Artist and his Manager, who were defendants. Artist was signed to a recording contract with Major Label through an independent producer. The producer alleged that Artist and his Manager tried to enter into a direct contract with Major Label, cutting out the producer. Court granted non-suit in favor of Artist and Manager.

• Travers Realty Corporation v. Morgan Guaranty Trust Co. of New York. Represented real estate broker in claim for commission involving master lease of Warner Ridge property by insurance company. Claims involved both breach of contract and business torts. Following a series of successful rulings by Temporary Judge (including lifting of an injunction against foreclosure), confidential settlement was reached.

• Ellis v. State of California. Represented owner of Pacific Palisades home severely damaged by earth movement. This was a test case for five other properties in the Castellamare area. Following a 3-week jury trial, jury returned a verdict in favor of Clients. The cases then settled for a total of $7.5 million.

• Los Angeles Unified School District v. KFC of America, Inc. Acquisition by LAUSD of 2.9-acre site in South Gate which included Client’s restaurant on leased pad. Client asserted claims for lost goodwill (against LAUSD) and for the bonus value of its lease (against its landlord). Following mediation with LAUSD, and on the eve of trial against the landlord, case settled for a total of $1.35 million.

• City of Oakland v. Oakland Raiders. Research and writing, as junior associate, on trial and appellate proceedings involving City’s effort to acquire football team by eminent domain.

• Williams, et al. v. California Association of Realtors. Research, writing, and trial preparation (as junior associate) in a series of anti-trust cases defending various multiple listing services throughout California.