Los Angeles Superior Court (Ret.) California Court of Appeal (Ret.)

Hon. John Zebrowski

REAL ESTATE


Representative Cases​​

  • Dispute arising out of joint venture to develop real property; issues of land use entitlements, easements, self-dealing, fiduciary duties, interpretation of operating agreements, etc.

  • Misrepresentation and fraud case arising out of purchase-and-sale of large shopping center.

  • Appellate consultation relating to alleged breach of contract to purchase and sell real estate, plus issue of intervening purchaser.

  • Financial and contract disputes arising out of multi-million dollar tax-credit funded low-income housing project; issues of contract compliance, excuses for non-compliance, etc.

  • Claim by landlord against former lessee regarding responsibility for environmental liabilities at vacated retail site.​

  • Claim by landowner against former lessee for failure to comply with CUP at leased landfill site; issues of contract construction, measure of damages, etc.

  • Landlord's claim that lessee returned leased premises with damage to structural components; issues of structural engineering, existence and cause of damage, interpretation of lease obligations, spoliation of evidence, etc.

  • Dispute among commercial real estate lender, commercial borrower, and guarantors; issues of default, foreclosure, bankruptcy, guaranties, UCC issues, calculation of cure amount, etc.

  • Dispute over hillside damage allegedly caused by defective landscaping and landscape maintenance; issues of negligence, contract, insurance coverage, compliance with court orders, etc.

  • Dispute over obligation to repair and maintain residential housing access easement; issues of statutory obligations, construction of CC&Rs, indemnity rights, etc.

  • Claim of mismanagement or diversion of funds intended for investment in real property in Africa; issues of contract interpretation, UCC, fraud, misrepresentation, etc.

  • Dispute over dissolution of real estate partnership; issues of separation of parties, determination of remedies, valuation, etc.

  • Ten cases valuing different retail gasoline/convenience stores; issues of appraisal methodology, determination of factors affecting value, etc.

  • Allocation of eminent domain proceeds between fee owner and ground lessee.

  • Misrepresentation and fraud case arising out of purchase-and-sale of large shopping center.

  • Several cases involving alleged failure to disclose defects in sales of high-end houses.

  • Insurance coverage dispute regarding damage to high-end rental home.

  • Dispute among commercial real estate lender, commercial borrower, and guarantors; issues of default, foreclosure, bankruptcy, guaranties, UCC issues, calculation of cure amount, etc.

  • Valuation of $100 million plus real estate company for purposes of effecting a buy-sell; equitable legal issues, business and real estate appraisal methodology, corporate governance, etc.

  • LLCs with overlapping, but not identical, memberships developed several parcels into a residential/retail complex that was functionally one development, but did not have identical ownership. Claims of contract interpretation, breach of fiduciary duty, self-dealing, derivative claims, damage calculations, etc. 

  • Claim by unit of large restaurant chain that landlord violated lease by failing to meet air conditioning specifications. Issues of contract interpretation, measurement of lease compliance, damages, specific performance, etc.

  • A group of investors, via several interlocking LLCs, invested in several multi-family residential rental properties. Different groups of investors managed different properties. After a period of years, disputes arose regarding management of the properties, with each side contending that the other was self-dealing, committing fraud, etc. Issues of cost allocation, contract interpretation, fraud, fiduciary duty, accounting, etc.