Hon. John Zebrowski

REAL ESTATE

​Representative Cases​​

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

• Dispute regarding lease obligation for large purpose-built airplane hangar arguably not reasonably amenable to an alternative use, issues of breach of lease, remedies and damages.
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• Retail building returned at conclusion of lease found to have damage to roof membrane, truss system, earthquake resistive elements, etc. Disputed whether caused by tenant misuse of building (overloading roof), or whether the defects pre-dated inception of lease.
  
  
• Large real estate holding and development company devolved to succeeding generation, and numerous disputes followed. Governance issues decided first in partial final award. Second partial final award effected disentanglement of disputing parties via an in-kind allocation of parcels and land interests. Inventory of discrete transaction-specific disputes then decided separately.
  
  
• After parents passed down a hundred-million-plus portfolio of real estate to brother and sister, disputes arose over management of the properties. A detailed arbitration determined monetary issues, with indemnity issues reserved.
  
  
• Dispute arose out of a long-held raw land investment by eight families regarding whether one owner was entitled to a ROFR and, if so, had properly exercised."
  
  
• Application of an environmental trust easement, effect on secured financing."
  
  
• Dispute over purchase and sale contract for four developable parcels in downtown LA, questions of breach and damage." 
  
  
• 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.
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• 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.