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REAL ESTATE LITIGATION

Property owners, brokers, developers, contractors, associations, and insurance companies retain the Turner Law Firm to handle all types of real estate, land use, property damages and construction related disputes because of our long record of winning results:

Neighbor vs. Neighbor issues - including construction, easement, encroachment, nuisance, trees damages and height issues, title, and view rights.

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CC&R Disputes - including regarding architectural approvals, building size and height restrictions, view rights, and property use issues.

 

HOA Disputes - including representing homeowner’s associations and individual owners and association members in all types of HOA disputes, including: architectural committee disputes (construction/ remodeling plan approval); common area maintenance; property damages; breach of fiduciary duty; and conflicts against

HOA boards.

 

Real Estate Broker Claims – representing both brokers and clients against their brokers all types of purchase and lease disputes, including in failure to disclose, property damages and commission disputes.

 

Real Estate Purchase and Lease Disputes - including rescission, specific performance, and breach of contract disputes.

 

Landlord-Tenant Disputes -  representing both landlords and tenants, commercial and residential, in breach of lease, property damages, mold, nuisance, habitability and insurance issues 

 

Mold Claims - including representing property owners, landlords, tenants, and insurance companies in mold related disputes.

 

Title and Escrow Claims - representing both insureds (policy holders) and title insurers in all types of title and escrow claims disputes, including for “bad faith.”

 

Tree Law - including tree cutting damages (double/treble damages) and tree ownership disputes

 

View Rights - as one of California’s leading experts in view rights law, representing both plaintiffs and defendants in all almost all types of view rights, whether provided by CCRs or otherwise

Examples include:

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  • Represented homeowner being sued by fifty neighbors for building two-story home in violation of the CC&Rs. Won at trial and was awarded 100% of attorney’s fees.

  • Represented homeowner suing to enforce CC&R provided view rights.  100% victory at arbitration and 100% of attorney fees awarded.

  • Represented over 50 view rights disputes, all favorably resolved by trial, appeal or settlement.

  • Represented insurance companies in over a dozen major mold-related lawsuits.  All either won by trial, dispositive motion or favorably settled.

  • Represented condo owner against HOA and its insurer. 

  • Represented insurance company when it was being sued in a class action by Federal Judge for its new mold exclusion in insurance policy.

  • Represented property owners in claims where tenants alleged that they found mold in the premises. 

  • Represented homeowner claim against contractor for construction defects, which resulted in significant mold damages. 

  • Represented real estate broker in claims by tenant and property owner for mold damages. 

  • Represented landlords in several mold-related claims made by tenants.

  • Represented property owner seeking coverage for only obtaining half of the property because of incorrect legal description. Obtained both full title and reimbursement of loss of use damages.

  • Represented homeowner being sued for obstructing ocean view protected by CC&Rs. Defeated preliminary injunction and costs award was affirmed on appeal.​​

  • Represented homeowner against seller’s contractor for construction defects in architecturally-recognized home. Obtained settlement that paid for all repair costs, loss of use damages, and 100% of attorney’s fees.

  • Represented seller’s broker being sued by buyer for failing to disclose defects.

 

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