Practice Areas & Industries: Hill, Farrer & Burrill LLP

 





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Practice/Industry Group Overview

In addition to negotiating and documenting lease transactions of all kinds, our Real Estate department regularly represents clients in all facets and types of commercial real estate lease and commercial landlord tenant disputes, from retail and office lease issues to industrial and ground leases, and in shopping center lease disputes of all kinds.  Representing clients throughout California, we handle leases and disputes on behalf of both landlords and tenants.  Lease disputes often result in transaction workouts between landlords and tenants, and our litigators and real estate transaction attorneys negotiate and document leasing transactions and workouts that provide creative and practical resolutions on behalf of our clients.  Where resolutions are not attainable, our attorneys regularly try and arbitrate cases on behalf of clients before courts and arbitration panels.  Whether in negotiating and documenting lease transactions, or in litigating or finding transactional resolutions to lease disputes, our attorneys can often foresee likely outcomes in particular circumstances, and offer candid advice toward identifying economical and practical solutions for our clients.

Representative Matters

  • Representation of tenants and landlords in lease disputes, including claimed violations of use restrictions and covenants and alleged improper rent, CAM charges, and other financial claims.
     
  • Represents several large commercial property owners whose portfolios include  shopping centers, malls and strip centers.  Representation involves negotiating and renegotiating lease terms, and in bringing suit to evict tenants who are in default of various provisions of their leases.
     
  • Obtained $1.2 million dollar judgment in lessor's favor in a breach of commercial lease, breach of lease covenants, and waste action.
     
  • Obtained favorable settlement of complaint alleging numerous violations of the Americans with Disabilities Act filed in the United States District Court for Central District of California against restaurant and property owner in La Cañada, California.
     
  • Obtained judgment for commercial landlord against tenant after unlawful detainer trial in Los Angeles Superior Court, and thereafter successfully enforced judgment.
     
  • Represented fortune 500 national retailer in its efforts to resist efforts by landlord to break extremely valuable lease.  Prevented landlord from breaking the lease.
     
  • Represented shopping center owner against national grocery company who vacated anchor tenant space, leaving it vacant, in favor of  new shopping center down the street (the anchor tenant had gone “aggressively dark”).  Sued for breach of lease (based on percentage of rent) and for breach of the implied covenant of good faith and fair dealing as a result of the tenant’s decision to leave the anchor tenant space vacant so as to prevent competition at its new location, and tenant’s ongoing refusal to allow landlord client to cancel the lease and find a new anchor tenant.  After defeating tenant’s motion for summary judgment, obtained favorable settlement where anchor tenant paid client $1 million and terminated the lease, freeing client to re-tenant the anchor tenant space.
     
  • Represented landlord in the negotiation of a long-term lease of an industrial property to be used as a charter school.