Commercial · Real Estate

In Trial: Bridge Motel Owners Litigate Property/Defamation Disputes

SAN FRANCISCO, CA – Judge Andrew Cheng is wrapping up a jury trial between two brothers and a third individual who co-own the Bridge Motel, dimly viewed SRO housing over retail space on Lombard St. The adjacent parcel is also involved in the suit.

The original action was a partition action against the brothers, but cross-complainant’s trial brief indicates a settlement was reached to sell the property or properties. Left for a jury was a defamation action arising from a email-letter written by the plaintiff.

Court records indicate the jury reached a verdict on the defamation claim in favor of the brothers, and even found punitive damages warranted. Amounts are not yet posted. A settlement conference is scheduled for the 20th.

This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.
The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.
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Defect Disclosure · Real Estate

Better Homes and Garden, Coldwell Banker, Alleged to Misrepresent Livable Space

OAKLAND, CA – The buyer of an Oakland home is suing her real estate broker and agent, and the seller’s real estate broker and agent, alleging that they collectively failed to tell her that the basement in her home was unpermitted and legally uninhabitable space. Buyer Elaine Shaw hired a Lafayette firm, Belzer & Murray, to prosecute the action against these Oakland real estate professionals. The complaint indicates that they have forgone going after the seller for now.

Buyers are well protected in residential purchases. Everyone owes duties to them. The buyer’s broker and agent (known in the industrying as the selling agent, which should tell you something) owes fiduciary duties to the buyer and must, in a sense, go out of their way to protect the buyer. Plaintiff will be arguing that did not happen here.

The listing broker and agent (representing the seller) must disclose everything they know, but they can also get tagged for false advertising. If they advertised this property as being a certain square feet of livable space and/or with permits, without the appropriate disclaimers, they could be looking at liability.

This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.
The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.
Land Use · Real Estate

In Trial: A Development Company Looks to Enforce a Purchase and Sale Agreement

SAN FRANCISCO, CA – According to the complaint and plaintiff’s trial brief, plaintiff Waterview Development, LLC seeks specific performance of a real estate purchase and sale agreement involving property on Sansome St. The transaction allegedly hit turbulence when the parties discovered an undisclosed easement that prevented the anticipated development of the property.

Per plaintiff’s trial brief, the seller sued the easement holder to no avail. The brief suggests plaintiff still wants the property, with the price reduced to accomodate for the diminished value resulting from the easement.

The parties showed up for trial assignment on January 16th. The parties were initially assigned to Judge Robertson. Defendant challenged that assignment and the parties were given a new assignment, to Judge Kathleen Kelly,

This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.
The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.
Real Estate

HOAs Among Top Sued

OAKLAND, CA – There is no shortage of work for lawyers assigned by insurance companies to defend homeowners associations.

Two lawsuits filed in Alameda County Superior Court make the point. 127 Bayo Vista Condominium Association-Oakland is being sued by a unit owner who alleges that failure the association failed to fix roof leaks resulting in water damage in his unit.

Meadow Brook Village Homeowners’ Association-Fremont is being sued for allegedly postponing elections to force through a $70,000-per-unit assessment.

Fortunately for the board members in each case, no individuals were named.

This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.
The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.