Experience | Mintz

Secured a comprehensive trial victory on behalf of a real estate client involving its one-of-a-kind residence in one of the most exclusive locations in San Diego. In a two-week bench trial, our team successfully defended the client’s property rights against defendants' violations of a restrictive covenant. Ultimately, the court agreed that the defendants' actions violated the covenant, ordered them to remove completed improvements constructed, and enjoined defendants from attempting to construct any other improvements in violation of the covenant, in addition to ordering recovery of attorney’s fees.
Secured a complete trial victory on behalf of a developer in San Diego Superior Court in a hotly contested adverse-possession quiet-title claim dispute with a neighboring landowner, which prevented a significant residential development from going forward and delayed access to affordable housing for approximately 2,000 families. The trial victory came after six years of litigation when the court ruled in our favor, in addition to ruling against the defendant on all of its counter-claims.
Successfully defended Colony Realty Partners LLC in a case pertaining to alleged fraud in the sale of a $17 million commercial office park. The opposing party, Milliken Business Center, went from a full demand of fees three weeks before trial to a dismissal with prejudice after the first day of trial. Final deposition from the Plaintiff created weakness in their case due to the discovery of an inspection report that undercut their claims.
We won a $4 million reciprocal parking agreement interpretation dispute over a strip mall in San Diego.
Successfully defended a recreational vehicle company from a large scale personal injury tort claim resulting in a de minimus settlement and dismissal of the claim with prejudice.
Secured reversal in Court of Appeal of denial of municipality client's anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in response to one of numerous lawsuits brought by local developer, asserting breach of contract based on political activities of elected officials.

Advising Clients on Litigation Considerations and Pitfalls

Mintz’s California Land Use Practice Group counsels clients on avoiding or minimizing litigation risk and expense through arbitration and other contractual provisions, insurance policies, agreements with guarantors, and cost-effective litigation strategies. We also advise developers on California-specific environmental and wage laws.

Building Renewable Power Facilities in California

Mintz’s California Land Use Practice Group advises clients on land use issues related to renewable energy projects in California. We help developers comply with a broad range of requirements and work with stakeholders as they seek approvals for projects amid the state’s massive expansion of its renewable energy capacity.

Developer Overcomes Title Challenge to Complete 2,000-Unit Village

When a neighboring landlord threatened to derail our client’s development, Mintz identified and prosecuted a creative solution that prevailed in court — bringing a much-needed housing and commercial center to the San Diego marketplace.

Trial Win Saves Millions in Rent Payments

A bicoastal Mintz team won a trial about a commercial lease for a provider of auction services in the power sports industry. The client saved $4 million in rent payments for the 133,000-square-foot building on eight acres as well as landlord costs.

Shopping Center Wins, Remains Open for Business

A Mintz team’s trial win for a real estate client defeated a neighboring property owner’s attempt to shut down the client's shopping center. Mintz attorneys defeated the plaintiff’s claim in just four hours of trial and secured a $4 million reciprocal parking agreement for the client.