• Dispute arising from aborted sale of struggling restaurant.  Restaurant lessee claimed escrow was delayed causing default in rent and reduced sale price due to lessor’s failure to disclose nonconforming use of patio area.  Commercial landlord sued for rent and to enforce personal guarantees.
  
  
• Dispute arising from sale to bona fide purchaser of an undeveloped hillside parcel described as a buildable parcel which had not been properly subdivided and was subject in part to mortgage on adjacent developed parcels.  Reformation of deed was required to clear title.
  
  
• Dispute arising from mysterious chopping down of mature trees blocking upper landowner’s ocean view and anonymous identity of perpetrators combined with lack of ties to upper landowner.
  
  
• Dispute arising from asserted encroachment on driveway of upper hillside owner due to construction of custom mansion below requiring extensive modification of plans and retaining walls to respond to the objections. 
  
  
• Dispute arising from refusal to honor purchase agreement for ocean view property and interference with contract.
  
  
• Dispute arising from refusal to negotiate contract to purchase property to build a cemetery within extensive acreage designated to include a cemetery. 
  
  
• Dispute involved multiple entities and multiple issues as to feasibility, changes in plans once development of infrastructure commenced, location for cemetery and which parties responsible after economic downturn.
  
  
• Dispute arising between owners of adjacent hillside properties regarding nature and scope of non-exclusive easement granted to upper property, claims of trespass, claims of obstruction of rights to use paved portion as a roadway and whether unpaved portion may only be used as a footpath.
  
  
• Dispute arising between coastal neighbors regarding trees blocking upper owner’s panoramic ocean view, resulting in settlement calling for cutting the trees to chimney height and recovery of attorney fees reserved.  Trees were not cut down as agreed and substantial attorney fees sought.
  
  
• Dispute arising from shortfall on construction loan for residential units due to economic downturn.  Forbearance on loan negotiated to enable sale of the units to proceed.  Once all the collateral was sold bank sought balance of loan from the developers individually and as trustees of their family trusts. 
  
  
• Dispute arising from default on restaurant/pub lease payments and tenant’s claims of nuisance and interference with quiet enjoyment due to noxious odors emanating from common sewage pipes.  Issues involved profitability of the business and causal relationship of odors to profits, attorney fees and guarantor obligations.
  
  
• Dispute arising from sale of a beachfront home with an un-subdivided second parcel and unit to an alleged third party at below market.  Lessees had a valid right of first refusal in their lease which the owner developer breached in order to enter into a collusive short sale to discharge his loan and to preserve his opportunity to realize profit from future subdivision and sale of the property as two units for full market value. 
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• Dispute arising from attempt to enforce a contract for sale of three undeveloped parcels in hillside beach community.  Purchase agreement drafted by buyer’s agent had a condition whereby seller was to grade lots and put in a driveway to render the lots buildable.  The lots were in a very high value habitat zone with a watercourse, open space conservation and steep topography.  Buyer was an experienced real estate appraiser.  The seller was mistaken as to the potential for city approval of the necessary grading and the requirements for a driveway to subdivision standard.  Contract was rescinded by seller after extensive attempts to comply for over a year and escrow extensions.  Buyer sought loss on the bargain assuming lots were buildable in excess of one million.  

REAL ESTATE

​Representative Cases

Hon. Jamoa A. Moberly

Judge of the Orange County Superior Court (Ret.)