Expertise in Real Estate Litigation
Walsh & Walsh, P.C. represents owners, developers, contractors, lessors, lenders, buyers and sellers in connection with many different types of construction and real property disputes. When real estate disputes arise, success depends not only on skill and experience in litigation, it also requires a thorough understanding of the real estate industry. Walsh & Walsh, P.C.'s attorneys have decades of experience representing clients in all aspects real estate litigation, from defending and bring claims on behalf of commercial and residential property owners, landlord-tenant disputes, lender liability, real estate non-disclosure claims against sellers, brokers and inspectors, construction defect litigation, partitions and eminent domain. We have the experience and skill to settle your case, if appropriate, before litigation or arbitration, but if settlement proves impossible or impractical, and trial is unavoidable, we can represent clients through trial, to the Court of Appeal, and if necessary, through Supreme Court review. Along the way, we can and often do pursue provisional remedies, and frequently represent clients in attachments, foreclosures, receiverships, and unlawful detainers. We carefully select and monitor retained experts and always keep our clients' legal budgets in mind.
High stakes real estate litigation requires experienced professionals who understand sophisticated real estate transactions and the unique standards that apply to real estate and secured transactions. We have substantive experience in most every facet of real estate litigation, and represent clients in virtually every type of forum, including state and federal courts, arbitration and other alternative dispute resolution (ADR) arenas.
Our real estate litigators routinely represent owners, developers, secured lenders, loan participants, governmental entities, bondholders, borrowers, landlords, tenants and others. Our landlord-tenant practice emphasizes representation of retail and industrial property lessors in the counties of Orange and Los Angeles. We represent buyers and sellers in specific performance actions and matters involving rights of first refusal, breach of contract, failures to disclose, CC&R violations, rescission and other fraud or mistake claims. We defend landowners in premises liability claims under negligence and strict liability theories. We have handled numerous dissolutions and partitions, partnership and co-tenancy issues, title matters, including bona fide purchaser/encumbrancer status, lien and ownership priority, easement rights, mechanic’s lien rights, adverse possession and other prescriptive rights.
Some recent engagements include numerous commercial evictions; termination by a landlord of a long term lease with profitable subleases; dismissal of a lessee in a premises liability action; and defense judgments, with recovery of attorney’s fees, on behalf of sellers; and a lease interpretation action, successfully tried to verdict and upheld on appeal, on a 99 year ground lease, where the amount in dispute amounted to more than $680 million over the 75 years left on the lease.