Since our founding, we have represented clients in wide variety of real estate matters, including a lengthy “partition” action involving multiple properties.
What is a partition action? A partition action is basically an action to separate a jointly held real estate interest (for example, a property held as tenants in common). Sometimes this partition can be accomplished via trading of properties or sometimes via a division of an existing parcel. Most often however, the partition results in a partition by sale. The partition by sale results in cash, which is fungible, and can be easily split amongst the parties — once the Court decides (or the parties’ settle) on who should receive what percentage of the property.
The battleground issue in a partition action is ultimately who should receive what percentage of the property. In the effort to establish their percentage, it is not uncommon for a party to assert (1) breach an oral contract (“they promised me X if I did Y”) or (2) to assert fraud on behalf of the other party (“they never would have received their percentage if they had told the truth”, or “they are inflating their contributions”) or (3) breach of fiduciary duty.
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CASE STUDIES
DEFENDED community real estate non-profit organization when they were sued for partition, breach of contract, and breach of fiduciary duty. Brought counter-claims. Case covered approximately 10 properties and a decades long business relationship.
RESULT
Client paid $0 of the 7-figure demand
TIME TO RESOLUTION
13 months
HOW WAS CASE RESOLVED?
Settled during litigation through mediation
Represented Plaintiff in litigation against Landlord.
RESULT
In the end, Landlord paid the entire security deposit, PLUS interest at 10% per year, PLUS a statutory penalty and PLUS all attorneys' fees and costs - nearly double what was owed.
TIME TO RESOLUTION
2 months after filing
HOW WAS CASE RESOLVED?
Attorney to Attorney negotiation during litigation
Represented Landlord in commercial unlawful detainer action against tenant who had vacated the Premises prior to end of lease term. Obtained a settlement backed by a confession of judgment.
RESULT
Settled mid 5 figures, back by confession of judgment
TIME TO RESOLUTION
6 months
HOW WAS CASE RESOLVED?
Settled during litigation (arbitration)