Rescission Action Dismissed — Louis successfully represented the region’s largest land developer in a rescission action brought by a public entity for misrepresenting the value of land sold during the height of the real estate market. The Seller cross complained for breaching the public entity’s post-closing obligations. After proving the Seller had not made any representations and the public entity was fully aware of the risks associated with the purchase, the public entity paid the Seller its attorneys in order to have the cross-complaint dismissed.
Triad Communities vs. Standard Pacific Corporation
Louis successfully represented Triad Communities against home builder Standard Pacific Corporation’s (StanPac) breach of an assignment agreement related to a nearly 700-acre development in the Bay Area. The area was widely considered one of the last largest developable residential/ mixed-use projects in the Bay Area. Standard Pacific unlawfully terminated the assignment agreement and improperly refused to convey the four parcels to Triad.
By the cross complaint, Triad sought specific performance, declaratory relief, and damages for breach of contract. StanPac agreed to purchase Triad’s interest in the project once certain entitlements were obtained in a sum in excess of $25 million. Triad, as the developer subsequently obtained all necessary entitlements pursuant to the agreement and, upon StanPac’s request, transferred control of the project to StanPac pending the outcome of the final condition to close escrow on the purchase, the resolution of an environmental lawsuit regarding the project.
Upon gaining control of the project, StanPac continued to lead Triad to believe it intended to close escrow on its purchase of the project and all conditions to close escrow had been met. Nevertheless, StanPac attempted to terminate the assignment agreement twelve (12) days later, rather than closing escrow as it was required to do.
Wells Fargo Bank
Representing the commercial and investment property of the REO division of Wells Fargo Bank, Louis successfully guided the bank through post default and lease issues to allow the Bank to sell these formerly distressed properties.
A Greener Globe v. Capitol Waste — In this action, Louis successfully defended a commercial tenant from its landlord’s efforts to terminate the tenant’s 99-year lease over a very desirable 25-acre commercial property in Roseville, CA which was formerly a landfill. Louis not only defended the action but was successful in prosecuting a cross-complaint against the landlord which resulted in an award of damages against the Landlord and an award of over $300,000 in attorney’s fees after a three week trial. Additionally, the Court ordered reformation of the leases requiring the leases to be consolidated on the terms most favorable to the tenant because Louis was able to establish that the Landlord violated the Subdivision Map Act. Louis was also successful in having the Court clarify and impose the ongoing environmental obligations on the Landlord.
Cal Neva Resort — Louis successfully obtained prescriptive easements over a neighboring owner’s property for access to a scenic point for weddings and related activities. Louis also acquired easements for the Cal Neva for several encroaching structures and improvements located on adjoining properties. The case was extensively litigated and the easements and encroachments confirmed after a three week trial. The judgment in Cal Neva’s favor was appealed and the firm successfully defended the judgment on appeal.