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Represented common interest development homeowners association as Chapter 11
debtor, resulting in confirmed plan of reorganization, including the successful resolution
of numerous construction and mechanics lien claims. (In re MacArthur Heights
Homeowners Association, Inc., Debtor, U.S. Bankruptcy Court, Northern District of
California Case No. 08-47156 LT)
Represented general contractor in superior court action on remand for new trial following
successful appeal in action against subcontractor for breach of contract (promissory
estoppel) resulting from subs withdrawal of bid in public works contract matter.
Achieved highly favorable settlement for Plaintiff prior to new trial following reopening
of discovery and successful pretrial motions. Diede Construction, Inc. v. Monterey
Mechanical Co., Alameda County Superior Court, Case No. CV020416.
Represented landlord in successful mandamus challenge to rent board efforts to apply
regulation in manner that deprived landlord of benefits under Costa-Hawkins Rental
Housing Act. Hanerfeld v. City of Berkeley Rent Stabilization Board, Alameda County
Superior Court, Case No. 8245513; Court of Appeal Case No. A094733.
Represented manufacturer/distributor of heavy construction equipment in action
against “out of trust” dealer under flooring financing arrangement. Obtained pre-
judgment writ of attachment ex-parte, and successfully attached debtor’s assets to prevent
their transfer, ultimately resulting in recovery for Plaintiff in excess of $1 million dollars.
[Gehl Company v. WB Equipment et. al. Alameda County Superior Court, Case No.
VG07356785].
Represented Committee of Unsecured Creditors in contentious Chapter 11 bankruptcy
where debtor’s primary asset consisted of an option to purchase undeveloped property
with deep water port development potential. Successfully engineered the exercise of
the option and sale of the property resulting in a substantial distribution to unsecured
creditors. (In re One Vision Park, Inc. Debtor, U.S. Bankruptcy Court, Northern District
of California Case No. 09-31130 TC).
Represented national bank in Bankruptcy Rule 9037 motions in several hundred Chapter
7 and 13 cases in U.S. Bankruptcy Courts in Northern, Southern, Central and Eastern
Districts of California, as part of coordinated program nationwide.
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