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Deals & Judgments

The following is a sampling of recent transactional, litigation, and other matters accomplished by Gilchrist & Rutter attorneys for our clients.

Leasing

Represented a large national development company in connection with negotiation and drafting of a lease for 130,000 square feet with a bank in Pasadena, California. (Paul Rutter)

10-year lease, valued at $18 million, of 80,000 square feet to VF Corp., one of the world's largest apparel companies, at Alameda Square, a 1.5 million-square-foot historic industrial complex near the intersection of Alameda and Olympic in downtown Los Angeles. (Diane Hvolka)

10-year lease of over 169,000 square feet at the historic 888 Brannan building in the South of Market area of San Francisco to Airbnb (a popular website allowing people to rent out their apartments or homes to vacationers).  The 888 Brannan building was originally built in 1912 and is in the midst of a major redevelopment.  The Airbnb transaction fills more than half of the office portion of the building. 
(Diane Hvolka) 

120,000-square-foot lease restructure and 10-year term extension for Electronic Arts, a leading software and video game developer, at Playa Vista office campus on behalf of owner Maguire Partners. (Jonathan Gross, Peter Swain)

Completed lease renewal with Southern California Gas Company for over 350,000 sf at The Gas Company Tower in downtown Los Angeles.
(Diane Hvolka, Jonathan Gross)

Finance

Represented client with respect to $18,150,000 refinancing of mobile home park located in Los Angeles County. (Duane Montgomery and Richard Close)

Represented client with respect to legal opinion matters regarding $12,250,000 loan secured by hotel located in Santa Barbara County. (Duane Montgomery)

Closed on the sale of a majority interest in a large hotel in Downtown Los Angeles to a major entertainment company. (Paul Rutter)

Represented client with respect to legal opinion matters regarding $15,700,000 loan secured by office property located in Washington. (Duane Montgomery)

Representing a private equity firm, closed a large land acquisition in North Carolina and formed a venture with a local sponsor to acquire the land and build out horizontal infrastructure and then sell the lots to home builders. The deal was done from start to finish in 8 days. (Paul Rutter)

Represented an industrial owner/developer in the acquisition of two parcels of land and the formation of a venture with a large real estate private equity fund for the development of two industrial warehouse projects in the City of Industry.
(Paul Rutter)

Represented client with respect to legal opinion matters regarding $15,150,000 loan secured by hotel located in Orange County. (Duane Montgomery)

Closed on the sale of a majority interest in a large hotel in Downtown Los Angeles to a major entertainment company. (Paul Rutter)

$125,000,000 term loan secured by properties located in San Bernardino and Santa Clara Counties, California and in Arapahoe County, Colorado.
(Duane Montgomery)

$18,000,000 refinancing of manufactured home community located in Los Angeles County, California. (Duane Montgomery and Richard Close)

$8,050,000 acquisition financing of mobile home park located in Santa Barbara County, California. (Duane Montgomery)

$130,000,000 revolving loan facility amended and restated on behalf of the borrower. (Duane Montgomery)

$55,500,000 refinancing of retail property located in Seattle, Washington.
(Duane Montgomery)

Represented investment advisor in connection with joint venture and $42,600,000 refinancing of office complex and parking facilities located in Fairfax County, Virginia, and also an $18,250,000 refinancing of retail property located in Los Angeles County, California. (Duane Montgomery)

Discounted payoff for an owner of a distressed shopping center, representing a 60 percent discount from the original principal loan amount.  (Peter Swain)

Founded and administered a $100 million joint venture on behalf of the operating general manager of the venture. (Jonathan Gross, Peter Swain)  

Construction loan for a build-to-suit passenger terminal at the Van Nuys Airport and related long-term lease and services contract with one of the world's largest aircraft operators. (Peter Swain)

Completed buy-out of $49M mezzanine loan for office project after conducting an analysis of original loan documents and managing final Discounted Payoff Agreement. (Jonathan Gross)

Obtained $12 million construction loan obtained for client's proposed senior housing facility in Los Angeles County. (Duane Montgomery)

Closed the conversion of a lender’s $9.6M loan on Southern California shopping center into an equity investment interest.  (Duane Montgomery)

Acquisition/Disposition

Represented client with respect to legal opinion matters regarding $30,000,000 line of credit loan from a major national bank. (Duane Montgomery)

Represented client with respect to legal opinion matters regarding $14,040,000 loan secured by shopping center located in Virginia. (Duane Montgomery)

Representing a private equity firm, closed a large land acquisition in North Carolina and formed a venture with a local sponsor to acquire the land and build out horizontal infrastructure and then sell the lots to home builders. The deal was done from start to finish in 8 days. (Paul Rutter)

Acquisition of a 42-story office building in Kansas City, MO. The deal involved the acquisition of the existing debt on the property, performing due diligence on the property, forming a joint venture with the existing building owner and acquiring the building through the new venture using a new loan from Macquarie Bank of Australia. Gilchrist & Rutter handled the transaction from start to finish in less than 60 days. (Paul Rutter, Peter Swain, Henry Herrman and Stephanie Phillips)

Reposition vacant, well-located retail property for development. Represent property owner in a new joint venture with a prominent local institution to facilitate immediate retail leasing and a long term redevelopment strategy.
(Duane Montgomery)

Acquisition and financing of property in Culver City in connection with creative office project, representing the buyer.
(Peter Swain, Jonathan Gross, Diane Hvolka)

$35,000,000 disposition of tenancy in common interest in office complex located in Nashville, Tennessee, representing the seller. (Duane Montgomery)

$32,532,500 acquisition of office building located in Santa Clara County, California, representing the buyer. (Duane Montgomery)

$73 million acquisition of apartment complex located in Dallas, Texas.
(Duane Montgomery)

$9.25 million joint venture, development and leasing transaction for retail and office property located in Los Angeles County. (Duane Montgomery)

Represented an investment advisor pertaining to corporate and legal opinion matters in the acquisition of more than $175 million in equity interests in retail, apartment and office properties in Washington, D.C., Newport Beach, and Georgia. (Duane Montgomery)     

Represented an investment advisor concerning legal opinion matters, pertaining to six loan transactions ranging from $14.5 million to $29 million, secured by apartment complexes located in California, North Carolina, Colorado, Oregon, Illinois and Texas. (Duane Montgomery)

Acquisition in Playa Vista of 200,000 square foot value-add office project.
(Peter Swain, Jon Gross, Scott Reynolds, Don Nanney)

305,585 square foot office project aquisition of ownership interests in the Energy Corridor in Houston, TX. (Duane Montgomery)

Negotiated $140 million sale of Southern California office/industrial portfolio.
(Peter Swain)

Negotiated and drafted documentation for the inclusion of the Broad Collections Museum in The Grand Avenue Project in downtown Los Angeles.
(Paul Rutter, Diane Hvolka)

Litigation Victories

Obtained large financial recovery for national motion-picture and television marketing firm against former executive who diverted clients and projects to her competing company. (Thomas Casparian and Yen Hope)

Successfully obtained judgment dismissing individual condominium owners from action brought by neighboring residential apartment complex alleging breach of easement agreement against the condominium’s homeowners’ association and the members therein. The judgment was entered following the court’s order sustaining a demurrer, without leave to amend, as to certain claims and an order granting the condominium owners’ creative motion to interplead their interests in the easements at issue. (Frank Gooch III and Yen Hope)

Obtained a judgment for approximately $4.6 million dollars after a 20-day arbitration on behalf of our client who was misled by the sellers in her purchase of an architecturally renowned home. (Tom Casparian)

Settled, on extremely favorable terms, a lawsuit brought by 35 homeowners after a wildfire destroyed most of their homes in our client's manufactured home community. (Tom Casparian)

Defeated attempt by defendants to obtain an appellate stay of the preliminary injunction obtained for our client in trade secret litigation during appeal of the injunction. (Yen Hope, Tom Casparian and Frank Gooch)

Obtained a preliminary injunction in trade secret misappropriation case. The preliminary injunction prohibits defendants from marketing, selling or using defendants’ product until a trial court hears the merits of the client’s case at trial.
(Tom Casparian and Yen Hope)

Obtained favorable settlement for defendant restaurant chain in class action lawsuit alleging unfair and deceptive business practices. Plaintiffs did not attempt class certification and instead agreed to dismiss all six causes of action with prejudice. (Frank Gooch III)

Obtained a Court Order against the City of Carson to approve client's residential subdivision application. The City previously denied approval for the 420-home community. A separate multi-million dollar claim for a "taking" for the wrongful denial is still pending against the City.
(Richard Close, Tom Casparian and Yen Hope)

Successfully defeated an Appeal by the City of Chino, which challenged a lower Court’s order to approve our client’s subdivision map application. The Court determined: (1) the City had insufficient legal or factual basis to deny the development permit, (2) that under the State Permit Streamlining Act, once an agency accepts a development application as complete, it may not later deny the application for lack of evidence of any statutory requirement, and (3) a subdivider’s failure to meet a statutory requirement may be excused if it is clear the attempt would be futile. (Richard H. Close, Thomas W. Casparian and Yen N. Hope)

Obtained favorable Court of Appeal judgment dismissing a case against our client for breach of contract and promissory fraud.  The case sought damages and specific performance based on a claim that our client would provide the plaintiff with financial support for her lifetime.  The Los Angeles Superior Court granted our demurrer, and the Court of Appeal affirmed the ruling.
(Frank Gooch and Yen Hope)

Favorable settlement in a property ownership lawsuit against the owner/investor of a mixed-use building in Burbank. Plaintiff challenged the trial court's order awarding attorney fees to defendants. (Carolyn Alifragis)

Obtained a very favorable settlement in a "failure to maintain" lawsuit against a mobilehome park client. The full amount of the settlement was paid by the client's insurance company. (Thomas Casparian, Richard Close)

Precedent-setting published opinion in Court of Appeal victory invalidating a local ordinance which imposed more stringent requirements for development that permitted by state law, in City of Carson. (Thomas Casparian)

Land Use

Obtained an interpretation from the Los Angeles City Department of Building and Safety that a 60-year parking lot for adjacent commercial buildings may continue indefinitely as a "legal nonconforming use" notwithstanding rezoning 25 years ago to residential (R-1) use only. This interpretation will enable closure of dry cleaner case subject to deed restriction in favor of LA Regional Water Quality Control Board limiting property to commercial use, clearing the way for client's objective of marketing the strip center and parking lot for sale.
(Frank Gooch III, A. Catherine Norian, Donald C. Nanney)

Carlsbad City Council voted unanimously to approve the Final Map for the subdivision of the 146-space Lanikai Lane Mobilehome Park. (Richard Close)

Obtained city council final map approval related to conversion to resident ownership of a 425-unit manufactured home community located in Los Angeles County, California. (Duane Montgomery)

Won a writ of mandate overturning the City of Carson's denial of a 225-unit subdivision and ordering the city to approve the project. 
(Thomas W. Casparian and Yen H. Hope)

Approval by the City Council of Seaside, California of a 223-lot residential subdivision for our client Bayview Community LLC, in addition to a grant of an environmental exemption. (Richard Close and Susy Forbath)

Obtained entitlements for residential subdivision in Carlsbad. (Richard Close)

Obtained entitlements for residential subdivision in Pleasanton and obtained a $750,000 settlement for delay of project. (Richard Close)

Awarded a pre-trial six-figure judgment for damages against the City of Palm Springs for its improper denial of a 184-unit subdivision (the subdivision was earlier approved after a separate successful court challenge to the initial denial). 
(Thomas W. Casparian)

Obtained subdivision map approval for 184-unit condominium project in Palm Springs despite strong public opposition. (Thomas Casparian)

Obtained a writ of mandate against the City of Chino, overturning the city's denial of the firm's client's 260-unit subdivision application.
(Thomas Casparian, Yen N. Hope)

Environmental

Handled sale of Simi Valley shopping center with environmental insurance covering buyer, lender and seller in lieu of further environmental assessment of known release of cleaning solvents from former dry cleaner. (Frank Gooch III, Peter Swain, Donald C. Nanney)

Obtained closure of dry cleaner case in Long Beach shopping center subject to deed restriction in favor of Health Hazardous Materials Division, Los Angeles County Fire Department, applicable to two small areas, leaving most of center unrestricted for potential residential development, and enabling client to seek refinancing with site closure in hand. (Donald C. Nanney)

Obtained six-figure settlement for shopping center owner against previous owners and environmental consultant who failed to remediate environmental contamination from a dry cleaner. The settlement also requires the defendants to remediate the site and obtain a "No Further Action" letter from the Regional Water Quality Control Board. The settlement followed a favorable summary judgment ruling that supported the recovery of the diminution in the property's value.
(Frank Gooch, Don Nanney, Jane Lippman, Carolyn Alifragis and co-counsel Tracey Hom)

Obtained Cleanup and Abatement Order against Occidental Research Corporation, issued by LA Regional Water Quality Control Board.
(Don Nanney, with assistance of consultants, on behalf of a university client)

Successfully defended a Proposition 65 claim by a bounty hunter alleging Di(2-ethylhexyl)phthalate (DEHP), a carcinogen, in a children's toy product, without any payment to the claimant. (Don Nanney)

Caused the Regional Water Quality Control Board to issue a Notice of Violation against a subsidiary of an oil company that contaminated our client's property. Resulting from efforts of our client, consultants and the Firm, this "N.O.V." enforcement action is a major step toward forcing the oil company to remediate its contamination, which will allow our client to move forward with its plans to expand and develop its property.  (Don Nanney)

Obtained settlements with U.S. EPA for potential liability regarding the Operating Industries Inc. federal Superfund Site in Monterey Park, CA, including two applications for financial hardship discount. (Don Nanney)

Negotiated environmental due diligence (including Phase II site assessment) for acquisition of a 75-acre industrial property for redevelopment in Northern California, the site of a former plant for magnesium ore processing for bomb making.  (Don Nanney)

Corporate

Corporate matters regarding $26 million joint venture investment related to the acquisition of an apartment complex in Dallas County, Texas.
(Duane Montgomery)

Corporate matters regarding $7 million disposition of an industrial and office property in Fairfield, New Jersey. (Duane Montgomery)

Corporate matters related to the $8 million disposition of an industrial property in Eagan, Minnesota. (Duane Montgomery)

Corporate matters in connection with $37,000,000 joint venture investment related to the acquisition of industrial properties in the City of Industry and the City of Compton in California. (Duane Montgomery)

Corporate matters in connection with the acquisition of $21,750,000 in loans securing mortgages encumbering an apartment and parking complex in Brooklyn, New York. (Duane Montgomery)

Leveraged buyout of $42 million personal care products company and simultaneous disposition of patent portfolio. (Peter Swain, Frank Gooch)

Corporate matters related to the $62,000,000 acquisition of an apartment project in Seattle, Washington. (Duane Montgomery)

$7 million acquisition of membership interests in an office project located in Arlington, VA. (Duane Montgomery)

Corporate formation matters pertaining to acquisition of ownership interests in a 305,585 square foot office project located in the Energy Corridor in Houston, Texas. (Duane Montgomery)

Government

Led governmental advocacy campaign to successfully stop adverse changes in Los Angeles rent control law on behalf of rental property owner clients.
(Richard Close, Susy Forbath)

 

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