Here’s a partial list of recent firm transactions and projects.  For more experience by individual lawyers, see our bio pages.

	Commercial Property Purchases and Sales Leasing Programs Financing Transactions UCC Transactions Workouts, Distressed Assets and Foreclosures Environmental and Entitlements Litigation and Appeals Other Engagements

Commercial Property Purchases and Sales 

• Represented majority owner of $90 million portfolio of California hotel properties in sale of hotel properties to REITs.
• Represented real estate investment fund in sale of Santa Clara County office building acquired in deed-in-lieu transaction.  Because of the fund’s sustained focus on leasing (all of which was carried out by our firm), property’s sales price exceeded its acquisition value by more than 100%.
• Represented real estate investment fund in transfer of equity interests in office property owning subsidiary and related senior lender consent.
• Represented investment company acquiring over 30 retail sites for new uses, redeployment and re-leasing or resale, from distressed portfolios in bankruptcy asset sales or regional chain closings.
• Represented California real estate developer in purchase of Santa Barbara office property.

Leasing Programs

• Represented distressed debt fund in lease-up of three separate San Diego office buildings acquired by foreclosure. Representation included negotiation, documentation and closing of more than 50 new leases or lease amendments. Representation also included supervision of unlawful detainer action prosecuted by local firm retained by our firm.
• Represented real estate investment fund in lease-up of Santa Clara County office building acquired in deed-in-lieu transaction.  Representation included negotiation, documentation and closing of more than 25 new leases or lease amendments.
• Represented real estate developer in lease-up of office building located in Sacramento metropolitan area. Representation has included negotiation, documentation and closing of more than 25 new leases or lease amendments.
• Represented distressed debt fund in lease of single-tenant retail property located in Santa Clara County. Representation included negotiation, documentation and closing of original lease as well as negotiation and documentation of subsequent assignment and assumption agreement.

Financing Transactions

• Represented national bank in connection with $94 million acquisition loan secured by San Diego office and retail property.
• Represented national bank in origination of $61 million construction loan involving Los Angeles County multifamily property.
• Represented national bank in origination of $28 million acquisition loan secured by San Diego office property.
• Represented national bank in origination of $26 million refinancing loan secured by 4 Arizona multifamily properties
• Served as California counsel to real estate opportunity fund in connection with $228 million loan secured by fund’s interest in various assisted living facilities located in California and elsewhere.
• Served as California counsel to REIT in connection with $213 million loan secured by multistate portfolio of assisted living facilities
• Served as California counsel to national bank in origination and subsequent syndication of $150 million acquisition loan secured by 26 California properties.
• Served as California counsel to national bank in $110 million increase in existing credit facility secured by various California properties.
• Served as California counsel to national bank in origination of $117 million acquisition loan secured by San Jose office property.
• Served as California counsel to national bank in $110 million increase in existing credit facility secured by various California properties.
• Served as California counsel to out-of-state real estate developer in connection with $105 million acquisition loan secured by San Bernardino County retail property.
• Served as California counsel to out-of-state real estate investors in connection with $61 million mortgage loan (evidenced by A and B notes) and $4 million mezzanine loan used to acquire San Bernardino County retail property.
• Served as California counsel to national bank in origination of $52 million acquisition loan secured by 7 Sacramento County office properties.
• Served as California counsel to real estate developer in connection with $44 million CMBS loan used by developer to acquire Riverside County retail property.
• Served as California counsel to out-of-state real estate developer in connection with $38 million acquisition loan secured by specialty retail property located in Orange County.
• Served as California counsel to out-of-state real estate developer in connection with $23 million acquisition loan secured by Contra Costa County mixed-use property.
• Served as California counsel to national bank in origination of $21 million acquisition loan secured by Orange County retail property and in subsequent modification increasing loan amount to $26 million.
• Served as California counsel to out-of-state bank in connection with $20 million acquisition loan secured by 5 Los Angeles County industrial properties.
• Represented California real estate developer in connection with $17 million refinance loan secured by Placer County office property.
• Represented non-bank lender in origination of $15 million acquisition loan secured by San Francisco retail property.
• Served as California counsel to real estate developer in connection with $11 million acquisition loan secured by Solano County retail property.
• Represented national bank in origination of $10 million construction loan involving Riverside County hotel property.
• Represented national bank in origination of $10 million refinance loan secured by Riverside County industrial property.
• Served as California counsel to out-of-state real estate developer in connection with $5.3 million acquisition loan secured by Contra Costa County retail property.
• Represented California real estate developer in connection with $4 million acquisition loan secured by Santa Barbara office property.

UCC Transactions

• Represented lender/servicer in review and analysis of UCC filings covering several portfolios of CRE loans with an aggregate unpaid principal balance in excess of $8,500,000,000. Representation included review and analysis of underlying loan and security documents, as well as preparation and filing of many corrective financing statements, financing statement amendments and information statements. Representation also included the review of numerous search reports, and completion of various lien priority analyses.
• Represented life company lender on U.S. aspects of $125 million loan made to Australian trust owned by U.S. entity for purpose of enabling trust to acquire office tower located in Sydney, Australia. Representation included preparation of U.S. addendum to Australian pledge agreement documenting U.S. entity’s grant of security interest in its entire interest in the trust. Representation also included filing UCC1 financing statement to perfect lender’s security interest in U.S. entity’s interest in the trust and (in accordance with Australian practices) issuing a personal property security interest opinion in support of transaction.
• Represented national bank in lawsuit to enforce $2.2 million C&I loan secured by inventory and equipment located in Nevada County as well as in subsequent settlement of lawsuit. Settlement included a stipulation for judgment that liquidated all claims and ordered possession of inventory and equipment transferred to bank. In addition, settlement authorized bank to conduct private UCC sale of inventory and equipment, which sale was promptly completed.
• Represented secured party in public UCC sale of debtor’s membership interests in California limited liability company. Representation included review and analysis of underlying loan and security documents as well as planning and execution of all aspects of sale process, which was structured to qualify as “public” for UCC purposes (thereby enabling secured party to bid) and “private” for state and federal securities law purposes (thereby avoiding registration and other burdensome securities law requirements).

Workouts, Distressed Assets and Foreclosures

• Served as California counsel to CMBS trust in connection with trustee’s sale of San Diego office property securing $80 million conduit loan. Representation also included pre-sale enforcement of trust’s security interest in bank accounts holding nearly $5 million in funds.
• Represented CMBS trust in connection with enforcement and subsequent cure and reinstatement of $36 million loan secured by Los Angeles County shopping mall.
• Represented sponsor parties in sale of San Diego County office property securing $32 million CMBS loan that was in latter stages of nonjudicial foreclosure proceeding. Sale was structured as IRC § 1031 exchange and, as closing condition, included partial release of mortgage lender’s “make whole” premium.
• Represented real estate investment fund lender in structured deed-in-lieu transaction involving $26 million loan secured by Santa Clara County office property.
• Represented distressed debt fund in connection with trustee’s sale of Beverly Hills retail property securing $25 million loan originated by U.S. branch of European bank. Representation included collection of nearly $150,000 held in two deposit accounts subject to deposit account control agreements. Representation also included successful defense, after three-week jury trial, of lawsuit brought by borrower and guarantor against national bank that financed (by means of purchase and repurchase agreement) fund’s acquisition of loan. Representation continues to include fund’s pursuit of separate lawsuit for breach of guaranty against guarantor.
• Served as California counsel to CMBS trust in connection with trustee’s sale and subsequent discounted payoff of $21 million conduit loan secured by two Los Angeles County office properties.
• Represented real estate investment fund lender in loan modification and assumption transaction involving $18 million CRE loan.
• Represented CMBS trust in connection with trustee’s sale (nonjudicial foreclosure sale) of Ventura County office property securing $6.8 million conduit loan. Representation also included collection of $900,000 standby letter of credit (in a manner that does not trigger California’s one-action rule).
• Represented CMBS trust in connection with trustee’s sale of San Diego County office property securing $2.1 million conduit loan.
• Represented CMBS trust in enforcement of assignment of leases and rents furnished in connection with $3.9 million conduit loan secured by Los Angeles County retail property.
• Represented CMBS trust in judicial foreclosure actions and subsequent structured deed-in-lieu transactions involving (a) $7.1 million conduit loan held through MERS and secured by one Hawaiian self-storage property and (b) $4.7 million conduit loan held through MERS and secured by another Hawaiian self-storage property.
• Represented CMBS trust in judicial foreclosure action and subsequent structured deed-in-lieu transaction involving $6.5 million loan secured by Riverside County multifamily property.
• Represented CMBS trust in nonjudicial foreclosure and subsequent cure and reinstatement of $4.6 million conduit loan secured by Kern County office property.
• Represented CMBS trust in trustee’s sale and subsequent modification, sale and assumption transaction involving $7.5 million loan secured by Sacramento County multifamily property.
• Represented distressed debt fund in judicial foreclosure action against borrower and breach of guaranty action against guarantors on $3.4 million loan secured by Riverside County self-storage property. The project included representing the fund in chapter 11 bankruptcy case filed by borrower resulting in full reinstatement of loan, without any adjustment to principal balance, contract interest, amortization schedule or loan term, plus mandatory monthly payments by guarantors.
• Represented distressed debt fund in nonjudicial foreclosure and subsequent cure and reinstatement of $2.5 million loan secured by Riverside County strip center.
• Represented distressed debt fund in trustee’s sale of Alameda County retail property securing $1.4 million loan and subsequent redemption (resulting in full payoff of loan principal, interest and other sums, including enforcement costs).
• Represented distressed debt fund in enforcement and subsequent payoff in full of $1.7 million loan secured by Santa Clara County retail property.
• Represented distressed debt fund in structured deed-in-lieu transaction involving $2.7 million loan secured by Sacramento County office property.
• Represented distressed debt fund in trustee’s sale of Sacramento County office property securing $1.9 million loan.
• Represented distressed debt fund in enforcement and subsequent DPO of $4.6 million loan secured by Sacramento County multifamily property.
• Represented distressed debt fund in dismissal of chapter 13 bankruptcy case filed by borrower on $500,000 loan secured by small Los Angeles County retail property and in subsequent cure and reinstatement of loan.
• Represent distressed debt fund in judicial foreclosure action involving $1.3 million loan secured by San Joaquin County multifamily property.
• Represent distressed debt fund in judicial foreclosure action involving $2.9 million loan secured by Fresno County multifamily property.
• Represent distressed debt fund in trustee’s sale of Santa Clara County office property securing $3 million loan.
• Represent distressed debt fund in enforcement of $2.2 million C&I loan secured by inventory and equipment located in Nevada County.

Environmental and Land Use/Entitlements Issues 

• Land use and CEQA counsel for entitlement of complex 200 high-end single family residential unit project in Orange County including map extensions and approvals, CEQA compliance, including drafting environmental documents, and environmental permitting.
• Land use and CEQA counsel for entitlement of project involving 1,100 single family residential/active adult homes and 100,000 square foot commercial and amenities development, including drafting EIR and specific plan, negotiating development agreement, and obtaining LAFCO approval.
• Represented major residential development organizations commenting on draft EPA nationwide stormwater construction permit.

Litigation and Appeals

• Counsel for building industry organizations challenging city ordinance imposing excessive fees under the Mitigation Fee Act for water supply for new development.
• Appellate counsel for CEQA challenge to public-private partnership project for groundwater extraction, sale, and storage.
• Advisor to developer named in CEQA action challenging large greenfields project in the Inland Empire.

Other Engagements

• Represented life insurance company lender in condemnation action affecting one of various Southern California industrial properties securing $137 million mortgage loan.
• Represented majority owner of 5 California hotel properties in litigation, workout and corporate disputes with former management. minority owners and investors. As part of litigation, obtained appointment of receiver to control properties and manage property companies, resolved various franchise and lender disputes, and facilitated global settlements allowing liquidation of the portfolio.
• Represented mezzanine lender in successful resolution of dispute involving rights in $150,000 escrow account acquired as result of mezzanine loan foreclosure.
• Represented real estate investment fund in connection with significant forensic audits of borrowers in multiple CRE loans.
• Represented primary servicer in defense and settlement of litigation involving earthquake insurance requirements of $6 million loan secured by Los Angeles County multifamily property.