Representative Cases
Real Estate
- Dispute arising from the sale and purchase of a large, single-family home. Purchasers claimed that seller fraudulently, intentionally, and negligently failed to disclose the next-door neighbors’ annoying, disturbing, and oppressive behavior, which prevented his neighbors from the quiet enjoyment of their home.
- Dispute regarding allegations by a homeowner who claimed that a neighbor gave no notice of when the neighbor’s excavation would begin, no notice of the depth of the excavation, and no notice of the manner in which the excavation would be performed. The homeowner alleged that his home and property were damaged as a result of the excavation.
- Dispute raised by easement holder alleging that the property owner committed trespass and maintained a nuisance, and asserting that the easement holder was entitled to a prescriptive easement.
- Dispute regarding calculation of the standard commercial retail lease common area maintenance (CAM) payments, and payment of additional charges. Lessor alleged that the tenant agreed to pay annual lease payment increases, property tax, insurance, operations, maintenance, and repairs. The tenant experienced difficulties with a sub-tenant, a portion of which difficulties the tenant attributed to the lessor.
- Dispute regarding abandonment of leased premises by tenant, who, during the term of the lease, turned off the utilities, vacated the premises, stopped making payments, and turned over the keys to the lessor. The tenant accused the lessor of constructive eviction and fraud.
- Dispute in which the purchaser of a residence alleged that the seller failed to disclose prior structural damage to the residence.
- Dispute regarding allegations of a homeowner that his neighbor failed to exercise reasonable care in excavating adjacent property, deprived the homeowner’s property of lateral support, and caused land subsidence, thereby damaging the property and the home thereon.
- Dispute regarding commercial lease when tenant sub-let a portion of the premises without the lessor’s written approval as required by the lease.