Best Lawyers for Litigation - Real Estate in California, United States

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Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Litigation - Intellectual Property
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Litigation - Real Estate
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Litigation - Real Estate Legal Malpractice Law - Defendants
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Eminent Domain and Condemnation Law Personal Injury Litigation - Plaintiffs Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Appellate Practice Litigation - Labor and Employment Litigation - Intellectual Property Litigation - Real Estate
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Litigation - Real Estate
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Banking and Finance Litigation - Real Estate
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Real Estate Litigation - Trusts and Estates Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Real Estate Real Estate Law
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Litigation - Real Estate
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Real Estate Litigation - Securities
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Real Estate
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Personal Injury Litigation - Defendants Litigation - Real Estate Legal Malpractice Law - Defendants Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Environmental Commercial Litigation Litigation - Mergers and Acquisitions Litigation - Real Estate Bet-the-Company Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Real Estate Bet-the-Company Litigation Litigation - Banking and Finance Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Land Use and Zoning Law Litigation - Land Use and Zoning Litigation - Real Estate Litigation - Environmental Environmental Law Real Estate Law

  • Location:
  • Practice Areas:

Practice Area Definition

Litigation - Real Estate Definition

The practice of commercial real estate litigation concerns income-producing real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves.

For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.

Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.

Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.

William J. Dorsey, Partner
Timothy J. Patenode, Partner
Katten Muchin Rosenman LLP

Katten Muchin Rosenman LLP logo

The practice of commercial real estate litigation concerns income-producing real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves.

For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.

Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.

Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.