Even with the most carefully executed real estate transactions and agreements, businesses must pursue litigation to protect its real estate interests. And in times of crisis, creative lawyering in changed circumstances can save millions in real estate costs.
The decision to litigate over real estate issues often requires a careful balancing of long-term interests and a laser focus on risk/reward. Hueston Hennigan lawyers have achieved extraordinary and sometimes historic results for its clients in real estate litigation, ranging from a $90 million recovery after trial to prevailing in a voter-enacted land use ordinance in Malibu described by the New York Times as “one of the most stringent anti-development measures ever attempted in the country.”
Experience
Representing a billion-dollar apartment/hotel company in formulating and executing on a comprehensive strategy across a large portfolio of leases impacted by the COVID-19 pandemic.
Won 7-week jury trial and $89.2 million for Caruso Affiliated in litigation against General Growth Properties (GGP) in a suit for interference with contractual relations. Caruso was awarded the full measure of compensatory damages sought—$74.2 million—plus a $15 million in punitive damages after the jury found that GGP had acted with “malice, oppression or fraud” by interfering with Caruso’s negotiations with The Cheesecake Factory for the Americana at Brand lifestyle center.
Obtained a complete victory for Sempra Energy in a years-long litigation relating to construction of a billion-dollar liquefied natural gas terminal, including proceedings in federal trial and appellate courts.
Successfully challenged a voter-enacted land use ordinance described by the New York Times as “one of the most stringent anti-development measures ever attempted in the country.” Prevailed at the trial court and on appeal in a unanimous decision described by the Daily Journal as “a major appellate win in a high-profile legal and political battle.”
Defending Southern California Edison in litigation arising out of wildland fires and mudslides allegedly caused by SCE’s electrical equipment resulting in alleged billions in damage to homes and businesses of thousands of plaintiffs.
Favorably resolved a matter for the University of Southern California in a major dispute with landlord of one of its Keck Eye Institute buildings. After landlord alleged lease violations by USC, Hueston Hennigan counter-alleged that the landlord breached the lease based on its treatment of USC. The matter was favorably resolved.
Representing Silver Creek Development in a dispute over a $40 million-dollar real estate development deal. Developer/plaintiff claims it was illegally omitted from a deal after sourcing a property and alleges fraud, tortious interference, breach of fiduciary duty, and breach of contract.
Representing international culinary brand Momofuku Inc. in connection with withdrawal from major restaurant development project in Southern California, and related litigation against architectural firm.
Representing Mani Brothers Real Estate Group, one of Southern California’s largest full-service commercial property firms, in connection with a land use dispute related to the Malibu Beach Inn.
Defeated CEQA challenges to a proposed residential development by Las Vegas developer Marnell Corrao Associates and recovered 100% of attorney’s fees after litigation in two separate jurisdictions.
Representing a large commercial landlord with diversified operations throughout California in a lease dispute with the nation’s largest provider of co-working space.
Representing an asset manager of hundreds of millions dollars of commercial and industrial real estate holdings nationwide in a $20mm+ dispute with investment partner.
Representing a major Malibu landowner in a dispute related to management and potential dissolution of several real estate partnerships holding nearly $100 million of commercial and residential properties in Malibu and Camarillo, California.
Representing a Santa Monica landowner in connection with a dispute with the contractor and subcontractors for a multimillion-dollar residential construction project.