Experience
Elk’s Building Association of Santa Ana v. Saddleback Inn, LLC. Successfully represented a large non-profit organization in a breach of a commercial ground lease lawsuit against its tenant, which destroyed a historic hotel on property owned by the non-profit. Under the tenant’s management, the hotel fell into disrepair and later was destroyed by a suspicious fire. The span of litigation included a public nuisance action and appointment of a receiver, the loss of all entitlements for the property, and eventually a forced sale to address the tenant’s failures. Following a lengthy, heavily contested trial, Kevin obtained a $7.4 million judgement (plus the recovery of attorney fees) for the client, to include a finding of alter ego liability which was then upheld on appeal (Dist. 4, Div. 3, September 10, 2019; No. G056187).
City of South Gate v. S&M Sales. Represented the City in prevailing at trial in an eminent domain matter in Los Angeles Superior Court related to the acquisition of real property previously occupied by a used automobile wholesale business. During trial, was successful in excluding the opposing valuation witness by demonstrating the use of inflated sales information and projections to support a lost business goodwill claim created a hypothetical business and was barred by law, a result upheld on appeal (Dist. 2, Div. 4, February 24, 2012; No. B231345.
Southern California Edison Company v. Del Sur Ranch. Assisted one of California’s largest public and investor-owned electric utilities in an eminent domain action to acquire property rights for transmitting renewable energy across property slated for major development that included substantial claims related to electromagnetic fields and the impact on infrastructure. The case was tried to a jury with a large valuation spread that resulted in a favorable result for the client.
Chino Hills Underground Project. Served as lead counsel for a large publicly regulated electric utility in multi-party acquisitions for the first of its kind 500 kilovolt underground infrastructure project in North America while successfully coordinating all cases before a single judge and resolving the entire length of the project by way of negotiated settlements.
B.C. Patel v. Clocktower Inn, et al. Prevailed in a complex business dispute to secure the return of ownership shares in a closely held hotel corporation while simultaneously defeating a $2.1 million conversion claim from the self-appointed hostile directors. Kevin tried the matter to a complete victory for his client, to include the return of the ownership shares in a multi-hotel ownership group after years of difficult litigation, which was then upheld on appeal (Dist. 2, Div. 5, Nov. 18, 2016; No. B263528).
Medica Testing Group v. Green Label Group LLP. Prevailed at trial in Orange County Superior Court to recover $4 million in converted COVID relief funds from an improperly formed limited liability partnership, resulting in individual liability for the members of the company while working with law enforcement officials to trace the bulk of the funds secreted out of the country by the fleeing defendants.
Alameda Corridor-East Construction Authority v. MIPCO LLC. Successfully represented a large regional grocery distributor with respect to a grade separation project that resulted in the loss of all direct access to a public street. Under Kevin’s advice, the client engaged in a right to take trial that significantly improved its chances of prevailing in the dispute. The valuation portion of the claim was tried to a jury and the firm obtained a recovery for the grocery distributor that was approximately ten times the original offer for damages.
Holmes v. Summer, 188 Cal. App. 4th 1510 (2010). Represented a home buyer in a lawsuit that established broker liability in California for the failure to disclose financial encumbrances when marketing residential property, effectively ending the practice of “hidden” short sales.
Edom Hills Wind Park, LLC v. BP Wind Energy North America, Inc. Assisted one of America’s top wind energy producers in a binding arbitration related to the development of a wind farm in the Coachella Valley. The arbitration addressed complex regulatory and project development issues related to renewable energy, and Kevin’s client completely prevailed on all claims asserted.
Brown Bark III L.P. v. Haver, et al., 219 Cal. App. 4th 809 (2013). Successfully represented a business owner in a jury trial addressing claims of successor liability, alter ego, and fraud, and prevailed on all claims. On appeal, established the ability in California to recover attorney’s fees for the defense of a claim for successor liability.
