Real Estate Litigation

Jeffer Mangels Butler & Mitchell's 50-lawyer Litigation Group is committed to solving problems and winning cases, with a focus on achieving clients' overall business objectives. Our Real Estate Group includes 30 lawyers, representing a wealth of transaction and litigation experience and deep expertise in the real estate arena. Our Litigation Group and Real Estate Groups frequently collaborate to achieve optimal results for our clients. We represent many Fortune 1000 companies – as well as middle market companies, emerging businesses and entrepreneurs – as both defendants and plaintiffs in real estate litigation. We have significant experience in the retail industry, representing the rights of tenants, landlords and lenders.

We begin every representation with a candid case assessment and, if applicable, pre-litigation advice, so that our clients always know where they stand. Because we are aggressive advocates in court, our effectiveness at trial practice often paves the way for opponents to seek settlement – which we pursue and structure to our clients' best advantage.

Unlike some firms, we do not take a pyramid approach to staffing a case – instead, the partner you hire will assess your case, take depositions, attend hearings, represent you in alternative dispute resolution proceedings, at trial, and handle any necessary appeals. JMBM’s definition of winning is to achieve the best result for each client in the most efficient way possible – not with an army of lawyers, but with one or two smart and experienced trial attorneys with the right plan for each case, whether in state or federal court.

JMBM's litigation attorneys have significant experience in resolving real estate disputes on behalf of tenants, landlords, owners, developers, lenders and investors. Our clients represent a full range of properties and projects, including:

• Retail
• Commercial
• Industrial
• Residential
• Office
• Hotel and resort
• Restaurant
• Warehouse
• Multi-use projects

Commercial Contracts and Lease Litigation. When fraud and misrepresentation create contract problems, we identify the appropriate responses and remedies. Whether the issue is non-disclosure or inaccurate disclosure of financial information (or other critical business information), negotiation of terms in bad faith or breach of lease, purchase or sale agreements, we pursue the full range of remedies available – from resolution under the UCC to pursuit of contract and tort claims through litigation. In addition to resolving lease disputes, we are experienced in representing our clients' interests in a range of disputes in federal and state courts relating to real estate including the following:

• Commercial contract and lease disputes
• Fraud and negligent misrepresentation
• Purchase and sale litigation
• Partnership disputes
• Claims involving breach of fiduciary duty of real estate professionals
• Insurance disputes
• Construction and design defect disputes
• Mechanic's lien claims
• Americans with Disabilities Act (ADA) defense
• Property tax assessments

Land Use. We frequently handle disputes involving related land use and environmental issues including:

• Entitlements
• Development agreements
• Inverse condemnation and eminent domain
• Boundary lines and easement rights
• Soil and groundwater contamination
• California Proposition 65 issues
• CEQA challenges

JMBM’s trial lawyers represent clients in arbitration and mediation, and are effective advocates in presentations to arbitration neutrals and mediators. Our lawyers have appeared in proceedings before a variety of alternative dispute providers including JAMS, the American Arbitration Association, Judicate West, ADR, Inc. and others. In addition to formal proceedings, we have also conducted mediations at every stage of litigation – before, during and after trial, and on appeal.

California law poses some of the toughest litigation challenges in the country, and clients depend on JMBM litigators to defend their interests in court. JMBM's litigators appear frequently in federal and state courts throughout the state, understand the local legal landscape, and know the ropes. We have successfully handled hundreds of real estate disputes in California and elsewhere, including complex matters involving multiple parties, class actions, challenging legal issues and substantial economic claims.