Real Estate and Land Use Litigation

• Obtained judgment after court trial in favor of owner/ground lessor in its disputes with ground lessee involving multi-million-dollar possessory tax and other ground lease issues involving a Newport Harbor frontage commercial building.
• Summa Corp. v. California Ex Rel. State Lands Commission, 466 U.S. 198 (1984):  Represented owner of real property in defense of claims by the City of Los Angeles and the State of California to the effect that the property was subject to a public trust easement for navigation, commerce and fisheries.
• Dawn Investment Co., Inc. v. Superior Court 30 Cal.3d 695 (1982):  Represented an institutional lender as amicus curiae in a case involving the enforceability of a “due on sale” clause in the wake of Wellenkamp v. Bank of America.
• Successful defense obtained after highly contested trial of quiet title action involving multi-million dollar residential real property in Beverly Hills.
• Obtained favorable settlement on quiet title, partition, declaratory relief action, including resolution of client’s cross-claims for adverse possession, which claims arose out of breach of joint venture agreement involving million dollar residential home in Beverly Hills, California.
• Represented executors and trustees in probate court in various matters involving creditor claims and trust administration. Obtained a seven-figure damages award in a case involving financial elder abuse, and successfully upheld the award on appeal.  (Kerley v. Weber (2018) 27 Cal.App 5th 1187.)
• Obtained favorable settlement of complaint alleging numerous violations of the Americans with Disabilities Act filed in the United States District Court for Central District of California against restaurant and property owner in La Cañada, California.
• Obtained $1.2 million dollar judgment in lessor’s favor in a breach of commercial lease, breach of lease covenants, and waste action.
• On behalf of large interstate railroad, obtained summary adjudication of all damage claims asserted against railroad in action involving viability of railroad easement.  Railroad eventually obtained judgment in its favor on all remaining claims at trial.  Judgment upheld by California Court of Appeal.
• Long term representation of a build-and-hold developer of office properties, advising the client regarding the voluntary cleanup of contaminated brownfields, obtaining no further action letters so that development may proceed and successfully prosecuting cost recovery actions against responsible parties.  Recently, assisting this client in successfully obtaining public financing for a new project when conventional, private financing was unavailable due to the credit crisis.
• Defended a large residential developer in an action by the condominium HOA and owners attacking the CC&Rs and alleging fraud in the sale of units and many claims for equitable relief.  Was sole attorney in the 10 week trial in Indio, which resulted in a judgment for the developer.
• Represented plaintiff in a 210-day jury trial of a real estate fraud action against the seller of the property.  That trial is believed to be one of the longest civil case trials in the history of the California court system.  The case was affirmed on appeal, after which a multi-million dollar settlement was promptly paid by the seller.
• Prevailed at trial and on appeal in our representation of owner and developer of Home Depot Center, the Galaxy soccer stadium in Carson, in a CEQA challenges brought by neighborhood groups seeking to prevent the construction and operation of the stadium.
• Represented ground lease tenants in litigation involving the tenant’s exercise of an option to purchase the shopping center.  Result:  option exercises allowed and occurred
• Represented a property owner in litigation in which a tenant sought to exercise the tenant’s option to purchase the shopping center.  Result:  option exercise disallowed; held that the tenant had improperly interfered with the appraisal and that the appraiser had failed to disclose conflicts of interest prior to undertaking the appraisal assignment.
• Successfully represented buyers in specific performance cases against recalcitrant sellers
• Successfully prosecuted and defended partners in various real estate ventures as to claims between partners, and from third parties, alleging fraud, mismanagement, defalcation, and breach of fiduciary duty
• Represented property owners where trespassers, engaging in recreational activities on the properties, filed suit for personal injury arising out of claimed defects on the properties.  See e.g. Myers v. Atchison, Topeka & Santa Fe (1990) 224 Cal.App.3d 752
• Successfully represented lenders in claims by borrowers for lender liability.
• Represented lender in litigation in which the lender was accused of interfering with the contract of a real estate broker who held a listing to sell an office building.
• Defeated claim for substantial loan brokerage fee based upon nonexistence of broker’s license.
• At trial in U.S. District Court, defeated claim for slander of title and interference with contract arising out of the recording of lis pendens on a substantial number of properties in several states.
• Obtained judgment in favor of client following week-long Bench trial in boundary dispute lawsuit, quieting title in favor of client, granting client a permanent injunction, and granting client affirmative relief.
• Obtained judgment for specific performance and damages, including attorneys’ fees, in favor of client seeking specific performance of real estate option to purchase, following week-long bench trial.
• Served as lead counsel for defendant national railroad in a real estate dispute in which landowners alleged that the railroad had abandoned property rights, those rights had reverted to the landowners and the railroad violated their rights by attempting to sell those rights on the open market.  Obtained defense verdict at trial and prevailed on subsequent appeal.
• Negotiated the purchase and sale agreements and handled escrow and closing on behalf of several high profile entertainment clients, both as sellers and buyers of luxury residential homes.
• Represented the owner of property where contracting party wrongfully sought to exercise option to force client to sell property at a substantially below market price.  Obtained summary judgment for client, and then recovered full award of attorneys fees.
• Represented property owner against property homeowners association seeking to force client to pay improper and substantial assessments.  Successfully obtained summary judgment for client, completely resolving litigation in client’s favor.
• Successfully defended a property owner in the trial of an action by adjoining property owner for damages arising from property line dispute.  Obtained favorable verdict for client at trial.
• Represented property owner against plaintiff’s effort to force owner client to sell real property at a substantially reduced value due to irregularities in property zoning discovered during escrow.  Plaintiff refused to go through with purchase, but also refused to close escrow, and demanded that client resolve zoning irregularity.  Years later, when zoning irregularity was cleared up, plaintiff sought to force sale at the prior agreed upon price despite drastic increase in property value due to rise in real estate market.  Obtained defense verdict at trial.
• Served as lead counsel for defendant national railroad company in a suit brought by a public water agency.  The agency intended to build a canal that crossed tracks owned and operated by the railroad.  The agency contended that its rights to the land were superior and that the railroad was required to either relocate its operations, or pay millions of dollars for the additional cost to tunnel the canal beneath the tracks as opposed to having an open channel canal on the surface of the land.  Obtained a complete defense verdict at trial.
• In a 29-day trial in the Los Angeles Superior Court in late 2014, successfully defended a purchaser’s acquisition of an 8-unit condominium building at a foreclosure sale in an action brought by junior lienholders to cancel the sale and the trustee’s deed to the purchaser. The purchaser’s related claim for damages was subsequently settled.
• Mr. Brogan has successfully represented clients in rent adjustment trials and arbitrations where the long term ground lease calls for a rent adjustment based upon highest and best use or existing use valuations.