Construction Litigation Matters
• The owner of a condominium unit sued governmental agencies and the homeowners association for damages relating to repeated flooding incidents on theories of inverse condemnation and breach of fiduciary duty. Result: $531,000.
• Buyers sued sellers of a $1,000,000+ home for fraudulent nondisclosure of defective drainage and waterproofing. Result: $400,000.
• Buyers sued sellers and builders of a $1,000,000+ home for defective construction. Mr. Warshaw represented buyers. Result: $202,000.
• Homeowners of a 10,000 square foot historical monument Victorian home sued contractor for defective earthquake repairs and negligent construction management. Result: $150,000.
• Home buyers sued developer and general contractor for defective soils conditions leading to damage in new singe-family residence. Result: $125,500.
• Homeowners association sued developer for defective roofing, waterproofing and other construction defects in 11-unit condominium complex. Result: $100,200.
• Subcontractor and general contractor and surety on public works project for failure to pay and approve change orders. Result: $105,000.
• Contractor sued homeowner to collect unpaid invoices and lost profits resulting from job cancellation. Result: $87,500.
• Property owners sued unlicensed contractor for poor workmanship and misappropriation of construction funds. Result: $80,000.
• Mr. Warshaw represented an engineering contractor on a public works project seeking unpaid contract and extra compensation for installing a flood control channel. Result: $80,000.
• Buyer of luxury condominium sued seller and listing agent for nondisclosure of common area defects, resulting in a $47,500 loss on resale. Result: $50,000.
• Homeowner sued general contractor for defective construction of single family residence. Result: $40,000.
• Roofing subcontractor sued for alleged construction defects in roofs on 100+ unit condominium complex. Mr. Warshaw defended the roofer. Result: no damages paid, general contractor paid roofer's attorneys fees.
• Mr. Warshaw defended a contractor sued for $300,000 for alleged errors in construction of recording studio. Result: claim settled for $16,000.
• Neighbors disputed a property line based on 60+ years' continuous occupancy. Mr. Warshaw defended the owners of the property being used and was able to garner the return of 40% of it plus each payments in excess of $26,000 for the client.
• Architect sued for allegedly defective design of addition to church, allegedly causing personal injuries to elderly pedestrian. Mr. Warshaw defended the architect. Result: no damages paid, cross-complaining property owner paid architect's attorneys fees.
Business Litigation Matters
• Post-production house sued producer of Academy Award-wining film for failure to pay extra costs incurred in preparing the film for a major film festival. Result: $90,000.
• Software consultant sued television network for failure to pay consulting fees. Result: $130,000.
• Public relations firm sued "dot-com" client for unpaid fees. Result $110,000. Client collected $50,000+ before the defendant filed for bankruptcy.
• Employees sued public company for failure to honor severance packages. Result: $75,000.
• Homeowners association sued bank for accounting over missing funds. Result: $70,829.41.
• A retailer refused to pay a wholesale distributor's bills for goods delivered. Result: $49,194.97 (full amount owed).
• Members of homeowners association sued board of directors seeking access to certain corporate records. Result: access to records granted, association paid clients' attorneys' fees.
• Mr. Warshaw successfully represented the owner of a retail establishment in litigation against a former manager claiming an ownership interest in the establishment.
• Mr. Warshaw obtained a full value judgment against a third party sports cards authentication service for losing a rare 1909 tobacco baseball card entrusted to the service for evaluation.
Real Estate Litigation Matters
• Professional real estate swindlers cheated a homeowner out of thousands of dollars through a shared equity transaction. Mr. Warshaw represented the homeowner who successfully sued to regain clear title to property worth approximately $275,000.
• Mr. Warshaw's clients sought injunctive relief to prevent a new neighbor from removing a garden wall, plants and trees, and sought to establish prescriptive rights in the property. Result: temporary restraining order against the neighbor's construction project obtained, clients obtained an easement covering all improvements installed.
• Clients were sued by new neighbors attempting to eject them from encroachment of 4 years' duration. Mr. Warshaw defended the case. Result: clients kept all encroachments, forced new neighbors to remove obstructions from walkway and barred new neighbors from expanding a retaining wall that would have interfered with the use of the clients' driveway.
• Borrower represented by Mr. Warshaw sued bank for an injunction to stop the sale of property, rescind its foreclosure and recover $700,000 property. The bank agreed to rescind the foreclosure and return the property to the borrower.
• Real estate developer/general contractor sued by another developer claiming over $200,000 in compensatory damages from fraudulent concealment of adverse soils conditions of inland property traded to plaintiff for ocean front property, plus rescission of the land swap transaction trading ocean-front property for inland property. Mr. Warshaw defended the case. Result: Rescission denied by the court, client paid 10% of the claimed amount and retained oceanfront lot for successful development.
• Minor child sprained ankle in sprinkler depression in common area of homeowners association lawn. Result: $13,750 recovery without filing suit.
• Minor child of tenants in apartment complex slapped by landlord and subjected to ethnic slurs. Result: $5,000 recovery for emotional distress, without filing suit.
• Homeowners association sought an injunction to bar a member from interfering with construction work. Result: court granted injunction.
• Contractor sued real estate agent for non-disclosure of defective subsurface soils conditions. Result: $25,000.
• Owners sued tenants for unlawful detainer. Result: $21,883.33 and eviction ordered.
• Homeowners Association sued to collect balance of proceeds after foreclosure by lender to pay back assessments. Result: $8,965.00, full amount of available excess proceeds.
• Mr. Warshaw represented a well-known actor in litigation against his former landlord for failure to maintain the luxury home he rented in the Hollywood hills, resulting in a rent refund.
Insurance Litigation Matters
• Insured's claim for theft losses in excess of $90,000 denied by insurer due to insured's failure to turn on burglar alarm. Result: full payment of claim without filing suit.
• Insured landlord sued fire insurer of business for failure to pay benefits. Result: $40,000.
• A putative beneficiary to a life insurance policy sued the insurer and other beneficiaries to recover benefits. Result: $37,000, 74% of the available policy benefits.
• Mr. Warshaw has serves as outside general counsel for a variety of companies and non profit corporations, including high tech firms, public relations and advertising firms, construction and architectural firms and practitioners, real estate developers, real estate brokers and consumers.
• Mr. Warshaw serves as outside general counsel for a number of homeowners association and cooperatives ranging in size from 12 units to 200 units and including condominium, cooperative apartments, and planned developments.
• Mr. Warshaw was retained by a municipality's general counsel as an expert in the field of the False Claims Act in litigation with a general contractor involving construction of the city's police station. General contractor claiming in excess of $1,000,000 in extra compensation for alleged cost overruns settled for $5,000 based on Mr. Warshaw's work in exposing the contractor's fraudulent conduct.
• Mr. Warshaw represented the purchasers of an industrial building and land, handling all aspects of the purchase, including investigation of undisclosed toxic environmental conditions.
• Mr. Warshaw represented the holder of several first and second trust deeds on commercial design-build projects in connection with a loan workout. As a result, the debtor was able to complete the project and the lender received full repayment of all principal and interest.
• Mr. Warshaw has represented several real estate developers in connection with structuring the acquisitions of various investment properties under options, lease-options and installment sales.
• Mr. Warshaw has represented numerous lessors and lessees in connection with the negotiation of commercial, residential and industrial leases.
Runs an informal office in the hope that you will find his practice accessible and non-intimidating.
Specific Areas of Practice for our Burbank office: