REAL ESTATE LITIGATION MATTERS
The firm has many impressive real estate litigation wins. This is just a small sampling of our real estate work. See a much broader listing in our Successful Cases tab.
In June 2023, I defeated an ex parte application for a temporary restraining order to stop the foreclosure of an estate home. The borrower gave essentially no real notice for this surprise attack, and I defeated it upon a verbal request to the court on procedural grounds. The borrower brought a new ex parte application a few weeks later and that was defeated too.
In May 2023, my motion to dismiss a lawsuit involving two property owners and a total of 36 easement claims was granted, on the grounds of the failure to join indispensable parties. This was a complicated motion that ended the case completely by discussing the issues of venue and jurisdiction to this case, and its application to sovereign entities.
In September 2021, I defeated a lawsuit by a borrower that he lacked capacity to borrow money against his duplex. I had twelve of the fourteen claims dismissed by the start of trial and the remaining two claims dismissed upon the presentation of their evidence. My 631.8 motion to dismiss the case was granted. I destroyed the medical doctor and his expert opinion through about five minutes of cross-examination. This defeated the ability of the borrower to avoid paying back the loan. The lender took title and foreclosed.
In one case, we dismissed all claims against Burger King franchisees, with the federal court publishing the opinion, making it binding authority for the Ninth Circuit. In that case, we filed 12(b)(6) challenges, and then had the remaining claims tossed on summary judgment. The plaintiff sought about $400K in damages, and argued our clients were liable for vandalism and unpaid rent, and wound up getting nothing.
In May 2021, I concluded a bench trial regarding nearly $200K in dispute as to seller’s proceeds from the sale of an estate home in Orange County – a home profiled on the Real Housewives of Orange County. My clients were sued when the plaintiff claimed he owned the proceeds through a loan made to the prior owner. We refused all settlement offers and went to trial. Before trial, I had the conversion claim dismissed. After only about thirty minutes of cross-examination, I had the plaintiff’s unfair and deceptive practices claim dismissed, as well as two fraud claims. In a 21 page decision, the Court found for my client on the remaining two claims, and awarded all of the money to my clients. This was a hard-fought case with more than 150 trial exhibits. We showed that the “loan” claimed by the lender was outside the chain of title, and did not impart constructive notice. We defeated the “money had and received” claim at trial.
I represented a lender that was sued by the borrower with all types of made-up claims. We defeated the TRO, the preliminary injunction, had all claims dismissed, and then evicted the deadbeat too.
I filed a Rule 12b(6) motion and dismissed a federal lawsuit against the owner of a Los Angeles hotel.
Represented real estate broker against charges by DRE that would include a license suspension of one year or more. Had nearly all claims dismissed and reached settlement of no license suspension, minimal fine and continuing education.
Represented seller of estate home in platinum triangle. Met with City regarding zoning issues, and got approval for a road to the parcel. This was a significant victory, as the cost to build a road would doom the sale of the parcel of land. Land had remained vacant precisely because nobody could get this approval. Land was later developed with a $25 million dollar home.
Represented a “finder” against a famous real estate broker in Beverly Hills for a finder’s fee, when a $27 million home was sold. Broker denied payment was owed. Filed lawsuit against the broker. Result: case settled on terms favorable to client.
Represented seller of large parcel of land in Beverly Hills. Obtained nearly $40K refund in tax payments after taking matter to trial before the Los Angeles Assessment and Appeals Board. The Board’s lead counsel, Jim Jochimen said Mr. D’Arcy was among the most knowledgeable real estate attorneys he had ever faced. In fact, the Assessor refused to go forward without having a lawyer present to represent them. Mr. D’Arcy refused all settlement offers to lower the property’s permanent valuation.
Represented seller defrauded by real estate agent. The real estate agent stole money from client and refused to return it. Agent then hired lawyer and continued to stonewall and deny liability. Result: filed complaint with the BRE and had them revoke the broker’s license.
Firm representing a lender attempting to foreclose its loan against a judicial foreclosure brought by a mechanic’s lien claimant. Had entire case dismissed with no payments made.
Represented property owner in Beverly Hills who fired the contractor after renovations stalled. Contractor retaliated with a $600,000 mechanic’s lien. Mr. D’Arcy then defended the lawsuit. Result: contractor dismissed its claim by paying the client $6,000.
Represented lender as to deadbeat owners who refused to pay mortgage, skimmed rent payments and filed serial bankruptcy petitions. Entered case after previous attorney’s failed to stop these deadbeats after more than 1 year and 3 months. The firm immediately opposed their motion for a preliminary injunction (and won), had all claims dismissed permanently after filing a demurrer and motion to strike, had case dismissed with prejudice, and had bankruptcy judge declare bankruptcy fraud and blocked any further filings. Entire case resolved in about 30 days.
Represented owner of estate home for construction defects. Obtained favorable settlement for client.
Represented law firm in lawsuit for about $100,000 in attorney’s fees owed by a client. Took the matter to trial. Defendant settled, providing cash payments and first lien deed of trust on his luxury home.
Represented seller of estate home in Beverly Hills against a specific performance lawsuit.
Represented defendant real estate broker and his corporation in $600K damage claim. Client fired previous attorney after one year and little progress. Trial barely 30 days away. After just 11 days, Mr. D’Arcy figured out the fraud committed by the plaintiff, and filed motion for judgment on the pleadings at the North Hill Court in Los Angeles. Result: plaintiff dismissed the entire action.
Represented commercial tenant in $800K breach of lease case at Central Justice Center. Filed demurrers and motion to strike on behalf of four defendants. Result: court sustained demurrer for 15 of 16 causes of action. Result: case settled for a fraction of the amounts originally demanded.
Represented purchaser of a luxury condominium who “backed out” of the sale three days before closing. Result: obtained 50% of his deposit back.
SUING BROKERS, BUYERS AND SELLERS IN REAL ESTATE DEALS GONE SOUR
Are you looking to sue your real estate agent or the seller for non-disclosure of material facts? Real estate agents that make fraudulent statements or fraudulently conceal facts are liable for their actions. Mr. D’Arcy has sued real estate agents (where they almost always file for bankruptcy), and where Mr. D’Arcy then files a “523 action” in bankruptcy court to prevent their discharge, which he has successfully done multiple times. Mr. D’Arcy’s actions against one real estate broker caused that broker to lose his license.
Suing sellers for non-disclosure is quite common. Typically, a major defect is uncovered after escrow closes. The buyer blames the seller for knowing about it, and remaining quiet. The buyer then sues the seller’s real estate agent. Of course, the seller’s agent is limited as to what they are required to disclose by law (generally what is apparent from a visual inspection), unless they engage in actual fraud. Avoiding these types of problems starts with a good inspection and asking lots of questions. Don’t leave anything “oral.” Get it in writing. Also, purchase a home maintenance contract to fix the things that could break right away, like appliances, including the air conditioner.
If you are considering suing your own broker, they are your fiduciary under California law. That means they have duties of loyalty, full disclosure, not to make a secret profit, not to lie to you, not to mislead you and to even counsel you on the implications of your decisions. If a broker made a secret profit (even if the transaction is still fair to you), he committed fraud.
Was your broker a “dual agent” (and represented both sides of the deal)? Brokers love doing this, in order to make a dual commission. Yes, the regulations allow it, but the broker is placed in a delicate situation – they can’t serve two masters simultaneously. Under California law, a broker has a duty to get the highest price for the seller and the lowest price for the buyer. Imagine the problems that creates for a broker. One way to get out of this problem is for the broker to merely “present the offer” to the other side, but that is fraught with problems.
Give our law firm a call – we’ve helped many people dealing with real estate disputes, from persons buying restaurants, selling off businesses, shopping centers and estate homes. Remember too – if you’ve used the CAR Forms (those by the realtor), it requires that you first mediate before either bringing an arbitration or lawsuit OR YOU LOSE YOUR RIGHTS TO ATTORNEY’S FEES!