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Full Case History

EXPERT WORK IN LITIGATION CONTEXT

 

Holmes v. CenterTrust, Inc.

Retained by Plaintiff
Counsel: Greenberg, Glusker, Fields, et al

Plaintiff claimed breach of contract and fraud involving sale of shopping center to Defendant, a publicly traded REIT. Provided numerous valuation analyses, reviewed the Defendant’s financial disclosures in filings with the SEC; wrote several memoranda and declarations as part of case filings.

 

Sorisho v. Solectron, Inc.

Retained by Plaintiff
Counsel: Law Offices of Charles Wisch

Plaintiff filed suit against former employer for wrongful termination, alleging that termination was retributive, related to improper, inconsistent, and material accounting issues.  Provided numerous analyses and written declarations as part of court filings.

 

TSCO Glendale, LLC v. Alex Hakakian and related cross actions

Retained by Defendant
Counsel: Freedman & Taitelman, LLP

Plaintiff filed suit against Defendant for breach of contract, centered around certain provisions of underlying lease agreement and whether Defendant was obligated to operate retail operations on premises, subleasing provisions, and payment of percentage rent. Provided quantitative analyses regarding market rental rates and testified on behalf of Defendant at deposition.

 

Valida Michelle Bouie v. International Medical Corps, et al.
Homayoun Bazarvan v. Hilton Universal City, and 
Towers et al Keith Konheim v. Veeco Instruments Inc.

(All separate actions)
Retained by Plaintiff
Counsel: Appleton, Blady & Magnanimo LLP

Plaintiffs filed suit for wrongful termination and related claims. Provided damage analyses for counsel and related work.

 

Bryan Miller et al v. 3944 Kentucky Homeowners Association, et al.

Retained by Plaintiff
Counsel: Litt, Estuar, Harrison, Miller & Kitson

Plaintiff filed suit for breach of fiduciary duty, negligence, and fraud against HOA which managed condominium complex. Reviewed numerous documents and provided various analyses of claims.

 

Thomas v. Slauson Transmission Parts

Retained by Plaintiff
Counsel: Appleton, Blady & Magnanimo LLP

Plaintiff sued for wrongful termination and related claims. Testified at arbitration on economic damages and provided detailed report on same.

 

Peter Kraus & Valshop LLC v. Cinema Drive Partners

Retained by Plaintiffs
Counsel: Selman & Breitman, LLP

Plaintiff sued for fraud, negligent misrepresentation, and related claims in connection with acquisition of shopping center. Reviewed documents and consulted extensively with counsel on economic damages and standard due diligence practices.

 

Mary Baccash et al v. George Assali et al

Retained by Plaintiffs
Counsel: Selman & Breitman, LLP

Plaintiff sued for fraud and related claims in connection with numerous (real estate) refinancing transactions. Performed forensic accounting review of underlying documents and provided conclusions to counsel.

 

Firestone Financial Corporation et al v. Lorman et al

Retained by Plaintiffs
Counsel: Waller Lansden Dortch’ & Davis; Mayer Brown

Plaintiff sued for numerous claims including fraud, breach of trust, breach of fiduciary duty, and related claims. Engaged to review various lending transactions, assess related risks, and damages to plaintiffs.

 

John H. Tory, IRA v. EVP Fourth Corp., et al.

Retained by Plaintiffs
Counsel: Perez & Miller

Plaintiff sued for fraud, breach fiduciary duty, and related claims, related to the sale of a substantial multi-family asset in Los Angeles.  Prepared declaration for court filing(s).

 

Caruso Affiliated Holdings v. General Growth Properties, Inc., et al

Retained by Plaintiffs
Counsel: Irell & Manella, LLP; Quinn Emanuel

Plaintiff sued for fraud, malice, and oppression related to the tortuous interference with a large-scale retail shopping center development. Engaged in punitive damages phase of the case to evaluate defendant’s financial condition and related SEC filings and disclosures.

 

Deborah Freeman v. Federated Department Stores, Inc., et al

Retained by Defendants
Counsel: Selman & Breitman, LLP

Plaintiff sought damages caused by injuries allegedly sustained in a mall parking lot.  Provided damage analyses.

 

Pennebaker v. Jamboree Management, et al

Retained by Defendants
Counsel: Law Offices of David Brault

Plaintiff sought damages caused by alleged injuries sustained at apartment complex owned and managed by defendant.  Consulted regarding standard property management practices and damage analyses.

 

Jason C. Beaver et al v. PN II Inc. d/b/a Pulte Homes o Nevada Inc. Del Webb Communities, Inc., et al

Retained by Defendants
Counsel: Holland & Hart, LLP

Plaintiff filed suit in Clark County, Nevada, alleging numerous claims (breach of covenant of good faith, fraud, negligent misrepresentation) related to the sale(s) of new homes in the Las Vegas area. Prepared detailed report rebutting plaintiffs’ and plaintiffs’ experts’ claims.

 

Julian 1. Aroesty, Trustee v. Rocky Mountain Pictures, Inc., et al

Retained by Defendants
Counsel: Law Offices of Ashton Watkins

Plaintiff filed unlawful detainer action against defendant for alleged violations of commercial lease. Testified at trial on relevant accounting issues (GAAP, tax, fair market value vs. cost) and standards under assignment and subletting clause(s).

 

Asphalt Professionals, Inc. v. T.O. IX, et al

Retained by Defendants
Counsel: Law Offices of David Wilzig

Plaintiff filed breach of contract action and related fraud action related to alleged outstanding bills on a residential construction project. Consulted upon regarding matters of standard accounting and formation practices of special purpose real estate entities. 

 

Johann Wernhart v. National Hotrod Association et al

Retained by Plaintiffs
Counsel: Law Offices of Thomas Hoegh

Plaintiff filed claims for damages for personal injuries sustained during racing accident. Prepared damage analysis and lost profits assessment arising from Plaintiff’s abandonment of a business venture.

 

Steven Hudson v. Sotheby’s et al

Retained by Plaintiffs
Counsel: Allen, Matkins, Leck, Gamble, & Mallory LLP

Plaintiff filed claims for breach of contract, negligent misrepresentation, fraud, and related damages arising from alleged failure to disclose material facts related to plaintiff’s purchase of single-family residence.  Provided assistance in compilation of discovery assessing and evaluating damage claims.

 

Gateway 4th, LLC v. Pacific CityHome, LLC, et al

Retained by Plaintiffs
Counsel: Miller & Barondess LLP

Plaintiff sought injunction against lender to prevent foreclosure of residential development project.  Provided opinion as to likelihood of Defendant’s ability to sell condominium units at certain specified reserve prices and submitted declaration regarding same.

 

Todd Kurtin v. Bruce Elieff, SunCal Management, et al

Retained by Defendants
Counsel: Miller & Barondess LLP

Plaintiff filed claims for breach of contract, fraud and related damages arising from alleged breach of Settlement Agreement. Retained to provide accounting for disbursements made from certain real estate entities and render opinion as to certain accounting methods and practices employed by Defendants. Prepared two reports, and testified at deposition (twice), bench trial (equitable phase), and jury trial (legal phase).

 

Abhyankar v. Countrywide et al

Retained by Plaintiff
Counsel: Blady & Weinreb LLP

Plaintiff sued for wrongful termination and related claims. Testified at arbitration on accounting issues and damages, and prepared report on same. 

 

Fred Sands v. KPMG et al

Retained by Defendant
Counsel: Gibson, Dunn, & Crutcher LLP

Plaintiff sued for breach of fiduciary duty, fraud, and related claims. Retained to evaluate claims and provide guidance on discovery matters. 

 

The Eugene M. St. John Living Trust v. The Del Rey Development 1997 Trust

Retained by Defendant
Counsel: Seed Mackall LLP

Plaintiff (Petitioner) sought reduction and/or removal of trustee and asset manager related to trust with sizeable real estate and other assets.  Retained to evaluate claims and provide guidance on discovery matters.   Prepared report and provided deposition testimony on same.

 

Michael Garcia v. Smart & Final, Inc. et al

Retained by Plaintiff
Counsel: Blady & Weinreb LLP

Plaintiff sought damages for wrongful termination.  Prepared report and testified at deposition as damages resulting from alleged wrongful conduct.

 

Nissan Motor Acceptance Corporation v. Superior Auto of Fremont et al

Retained by Defendants (and Cross-complainants)
Counsel: Miller & Barondess LLP

Retained to evaluate and estimate damages sustained by Defendants, specific to certain real property owned by Defendant, as a result of alleged Plaintiff’s actions.  Testified at deposition (three times) and jury trial (three times).

 

Marital Dissolution Proceeds: Marriage of Kruse

Retained by Counsel for Ms. Tammy Kruse
Client’s Counsel: Law Offices of William R. Burkitt

Retained to opine on approaches and protocol when valuing certain business interests owned by client and her former spouse.

 

Laurel Canyon-Chelsea, Theodore Stein, Jr. v. Cathay Bank

Retained by Defendants (and Cross-complainants)
Counsel: Miller & Barondess LLP

Retained to evaluate reasonableness of Defendant’s actions with respect to certain borrowings by Plaintiff.  Drafted declaration in support of MSJ.

 

The Rusnak Group v. R&G Builders

Retained by Plaintiffs
Counsel: Glaser, Weil, Fink, Jacobs et al

Retained to evaluate and estimate damages sustained by Plaintiffs, as a result of construction defects caused by Defendants.

 

Free Regional Water Authority v. M&H Realty Partners VI, L.P. et al

Retained by Defendants
Counsel: Glaser, Weil, Fink, Jacobs et al

Retained to value certain property subject to easement, and related damages.  Prepared report and testified at deposition and arbitration.

 

Clarence F. Konkel and Barbara J. Konkel, Trustees v. Alan C. Fox et al

Retained by Plaintiffs
Counsel: Clarkson/Riley LLP

Retained by Plaintiffs to opine on relative risks of various real estate investment opportunities and common practices of real estate sponsors and investment offerings, including tenant-in-common syndications.

 

Le Kun Wu et al v. Magnus Sunhill Group, LLC et al

Retained by Plaintiffs
Counsel: Godwin Heath, LLP

Retained by Plaintiffs to opine on standard structures of real estate investments, documentation and disclosures typically provided to investors in real estate partnerships or similar entities, fees and costs paid by investors to sponsors of real estate investments, and nature of accounting records that should be prepared and maintained by privately-owned real estate investment firms.  Prepared report and testified at deposition and jury trial regarding same.

 

IMT Capital 11525 Blucher, LLC v. NMS Properties, Inc. et al

Retained by Plaintiffs (and Cross-Defendant)
Counsel: Hughes Hubbard & Reed, LLP

Retained to opine on damages alleged from improvements made to an easement between parties.  Testified at deposition.

 

LWL Investment Group, LLC v. Universal Bank, LLC et al

Retained by Plaintiffs 
Counsel: Steptoe Johnson, LLP

Retained to provide declaration identifying documents in connection with Plaintiff’s alter ego and unjust enrichment claims against Defendants.  Testified at bench trial.

 

Federal Deposit Insurance Corporation v. Corelogic Valuation Services, LLC et al

Retained by Defendants
Counsel: Irell & Manella, LLP

Retained to evaluate and quantify damages suffered by the Plaintiff, if any, due to alleged breach of contract by the Defendant(s).  Prepared report and testified at deposition.


Catherine A. Zulfer v. Playboy Enterprises, Inc. et al

Retained by Defendants
Counsel: Sheppard Mullin, LLP

Retained to evaluate Plaintiff’s claims surrounding alleged accounting improprieties and protected activities under the Sarbanes-Oxley Act.  Prepared report and testified at deposition and trial.

Humphreys & Partners v. Northwestern Mutual Life Insurance Company et al

Retained by: Defendants
Counsel: London Mead LLP

Retained to quantify and evaluate alleged damages, if any, caused by claimed intellectual copyright infringement involving certain design features of high-rise residential real estate project.  Prepared report.

 

Dewey v. Kahn et al

Retained by Defendants
Counsel: Bryan Cave LLP; Lewis, D’Amato, Brisbois, & Bisgaard, LLP 

Retained to opine on damages alleged from injuries claimed from development of a real estate project of site of former landfill. Prepared report and testified at trial.

 

Walton CWCA Fontana 73, LLC v. Gateway Distribution, Inc.

Retained by Defendants
Counsel: Squire Sanders LLP

Retained to opine on certain practices related to leasing of industrial real estate.  Drafted declaration for MSJ.

 

Jeff Cherun v. Bruce Makowsky, et al

Retained by Plaintiff
Counsel: Miller Barondess, LLP

Retained to provide forensic accounting services (review of revenues and expenditures for accuracy and appropriateness) and related damages analysis.  Prepared report and testified at deposition and trial.  

 

Irvine Apartment Communities, L.P. v. Western National Construction, Inc. et al

Retained by Defendant
Counsel: Chiu & Ferris

Retained to evaluate and quantify damages claimed by Plaintiff due to alleged breach of contract (and related claims) related to development and construction of large multifamily asset in Orange County, California.  

 

Chimera Investment Corporation v. Deloitte & Touche, LLP

Retained by Defendant
Counsel: Hughes Hubbard & Reed, LLP

Retained to evaluate accounting (valuation of mortgage-backed securities and delays in SEC filings), alleged audit deficiencies, and related damage claims made by Plaintiff.

 

CenterCap Group, LLC v. Optio, Inc.

Retained by Claimant
Claimant’s Counsel: Moyle, LLC

Retained to opine on typical services that finders provide clients seeking capital for real estate related endeavors, and customary fees, costs, and terms associated therewith.  Prepared report.

 

Steven Brull v. James Preimesberger et al

Retained by Respondent
Respondent’s Counsel: Early Sullivan Wright Gizer & McRae LLP

Retained to assess and evaluate claims related to Claimant’s investments in two limited liability companies, which owned real property leased to skilled nursing operator.  Prepared report and testified at arbitration.

 

Sean Dalesandro v. Vineyards Development, Inc.

Retained by Plaintiff
Counsel: Bird, Marella, Boxer, et al

Retained to assess Plaintiff’s economic damages (and related claims) related to real estate joint venture. 
Testified at deposition, 402 evidentiary hearing (bench), and jury trial.

 

Robert Feduniak and Maureen Feduniak v. Old Republic National Title Insurance Company

Retained by Defendant
Counsel: Hennelly & Grossfeld LLP

Retained to assess and evaluate damages claimed by Plaintiff in connection with open space easement encumbering certain real property owned by Plaintiffs.  Prepared report, testified at deposition and bench trial.

 

Cofise Airport Joint Venture v. Laurent Opman et al

Retained by Defendant
Counsel: Law Offices of Jeffrey Wulkan

Retained to draft declaration for MSA regarding compensation arrangements between real estate consultants and clients, including listing arrangements.

 

Lilit Petrosyan et al v. Heidi Hustedt et al

Retained by Defendant
Counsel: Taubman, Simpson, Young, and Sulentor

Retained to analyze allegations of fair housing and civil rights violations at apartment project in North Hollywood, California.  Prepared report and testified at deposition.

 

Humphrey’s & Partners, Architects, L.P. v. HRB Louisville, LLC et al

Retained by Defendant
Counsel: Cahill IP, PLLC

Retained to quantify and evaluate alleged damages, if any, caused by claimed intellectual copyright infringement involving certain design features of student housing (University of Louisville) residential real estate project.  Prepared two reports.

 

Sebitna, LLC, et al v. Butler Enterprises, L.P. et al

Retained by Plaintiff
Counsel: Doll Amir & Eley, LLP

Retained to evaluate due diligence procedures, disclosures, valuation, and damages associated with a large multifamily development project in Southern California.  

 

High Sierra Properties, Inc. v. Louis Kang, et al

Retained by Defendant
Counsel: Cox, Castle, & Nicholson, LLP

Retained to evaluate claims and damages alleged by Plaintiffs, which acquired a medical office property located in Whittier, CA from Defendants.  Testified at deposition.

 

Shashikant Jogani v. Haresh Jogani

Retained by Defendant
Counsel: Keller Rackauckas LLP

Retained to opine on typical real estate joint ventures, use of consultants, and related compensation arrangements, in addition to the analysis of various multifamily assets throughout Southwest. 

 

Red Mortgage Capital, LLC v. Verandas at Crestview, LLC et al

Retained by Plaintiff
Counsel: Estes, Okon, Thorne & Carr LLO

Retained to assess damages related to Defendant’s failure to close on a loan, subsequent to execution of commitment and rate lock letters.  Prepared report and testified at deposition.

 

HSP PC One Corp. v. Pacific Starr Group II, LLC

Retained by Plaintiff
Counsel: Baker & McKenzie, LLP

Retained by Plaintiffs to opine on the reasonableness of certain asset management fees, costs, and expenses charged by sponsor of a real estate investment.  Prepared report and testified at deposition.

 

Post Advisory Group, LLC v. Lawrence Post et al

Retained by Plaintiff
Counsel: Sidley Austin, LLP

Retained to opine on whether certain actions by former employees and Board Members constituted breaches of fiduciary duty.  Testified at deposition and arbitration.

 

CRCH, LLC v. LAKHA Properties-Chino Hills et al

Retained by Defendant
Counsel: Greenberg Glusker Fields et al, LLP

Retained to opine on certain disclosures expected in commercial real estate transactions.  Testified at Judicial Reference proceeding (bench trial in arbitration setting).

 

United States of America v. Brian Block

Retained by Defendant
Counsel: Steptoe Johnson, LLP

Retained to opine on financial accounting and reporting issues surrounding American Realty Capital Properties, Inc.’s Adjusted Funds from Operations (AFFO).  Testified at jury trial.

 

Gabriel Rueda v. Emmanuel Pacquiao et al

Retained by Plaintiff
Counsel: Khan Law Office

Retained to opine on standards and customs surrounding finder’s (referral) fees.  Prepared two declarations and testified at deposition.

 

John Kohan v. Ben Sayani

Retained by Plaintiff
Counsel: Merino Yebri, LLP

Retained to opine on significance of certain terms of a real estate purchase option, and on valuation of single-family residence.

 

In re: Marriage of Hargrove

Retained by Petitioner
Petitioner’s Counsel: Pine Law Group

Retained to opine on value of Respondent’s business as a real estate professional affiliated with CBRE.  Prepared report and testified at deposition.

 

Cardinal Collection Educational Foundation et al v. Super 98, LLC et al

Retained by Claimants
Claimant’s Counsel: WFBM, LLP

Retained to opine on standards of care associated with limited liability companies and certain transactions by and between a limited liability company and its managers, executives, and Board members.  Prepared report and testified at arbitration.

 

Chinese 6 Theatres, LLC et al v. CIM/H&H Retail, L.P.et al

Retained by Defendants (and Cross-Complainants)
Counsel: Sullivan & Cromwell, LLP

Retained to evaluate damages related to alleged violations of a commercial lease agreement.

 

Jane CL Doe v. Michael Wade et al

Retained by Defendant
Counsel: Taubman, Simpson, Young, and Sulentor

Retained to analyze alleged damages (e.g., loss of rental income, diminution in value of single-family residence).  Drafted abbreviated report.

 

Jonathan Sedaghat v. Bella Klubis

Retained by Plaintiff
Plaintiff Counsel: Law Offices of Philip Metson

Retained to opine as to the reasonableness of certain terms related to acquisition of a multifamily asset in Beverly Hills, CA.  Testified at deposition. 

 

Neil Shekhter et al v. Dennis Wong et al

Retained by Plaintiff
Counsel: Miller Barondess, LLP

Retained to opine on the economic consequences should certain escrowed reserves be used to make payments on several loans that Plaintiffs allege were made by Defendants in order to defraud Plaintiffs. 

 

Cambridge Medical Funding Group II, LLC v. Targeted Medical Pharma, Inc., et al

Retained by Defendant
Counsel: Law Offices of David Mayes

Retained to analyze, assess, and rebut Plaintiff’s claims of economic damages related to certain funding and collection agreements previously made between the parties.  Prepared report.

 

In re Marriage of Alexander Moradi and Dafe Lavi Moradi

Retained by Respondent
Counsel: Buter, Buzard, Fishbein & Royce

Retained to opine on customs and practices associated with commercial real estate investment, development, and finance in divorce proceedings.  Prepared two reports and testified at deposition and bench trial.

 

MA Ethan Pointe at Burlington, LLC v. Sharon Silverman et al

Retained by Defendant
Counsel: Rhine Law Firm, P.C.

Retained to opine on appropriateness of certain disclosures and due diligence matters in connection with a multifamily acquisition in North Carolina.

 

Saddle Ranch Orange, LLC v. Orange City Mills Limited Partnership et al 

Retained by Plaintiff
Counsel: Early Sullivan Wright Gizer et al

Retained to opine on and quantify certain damages related to allegations that Defendants failed to disclose (when Plaintiff’s lease was executed) planned construction of certain improvements to shopping center in which Plaintiff operates a full-service restaurant, and that such improvements negatively impacted Plaintiff’s operations.  Testified at deposition.

 

Mission Valley Shoppingtown, LLC v. Active Sports Lifestyle USA, LLC

Retained by Defendant
Counsel: Dechert LLP

Retained to draft declaration in support of motion to deny Plaintiff’s request for a right to attach order and writ of attachment, associated with Defendant’s vacating of leasehold previously occupied by Defendant.

 

Samuelian, et al v. Life Generations Healthcare, LLC

Retained by Defendant
Counsel: Doll Amir Eley, LLC

Retained to opine as to whether Defendants breached fiduciary and/or other duties associated with the operation of a limited liability company which owns and operates numerous skilled nursing facilities.

 

Banning Healthcare Investment, LLC v. Ventas, Inc. et al

Retained by Defendant
Counsel: Barack, Ferrazzano, Kirschbaum & Nagelberg, LLP

Retained to opine on the customs, practices, and expectations of lenders and borrowers involved in complex commercial real estate transactions, and the expectations concerning potential refinancing of such loans.

 

Rena Tonelli v. Ziv Israeli

Retained by Defendant
Counsel: The Safarian Firm, APC

Retained to opine on alleged damages arising from tenant’s relocation from her unit pursuant to the Ellis Act.  Testified at deposition.

 

Alameda & 27th Street, LLC v. Performance Designed Products, LLC

Retained by Defendant
Counsel: Weintraub Tobin

Retained to assess and opine on terms of a commercial real estate lease, principally regarding issues surrounding property taxes and assessments.  Testified at deposition and arbitration.

 

Valuerock TN Properties, LLC et al v. PK II Larwin Square SC L.P., et al

Retained by Defendant
Counsel: Blackmar, Principe, & Schmelter, APC

Retained to assess and opine on terms industry customs and standards surrounding commercial lease assignments and assumptions.  Testified at deposition and bench trial.

 

Giannetti Architecture & Interiors, Inc. v. Douglas Emmett 1993, LLC

Retained by Plaintiff
Counsel: Greenberg Traurig, LLP

Retained to assess damages related to alleged constructive eviction.  

 

Federal Trade Commission v. Ecological Fox, LLC et al

Retained by Defendant
Counsel: Pierce Bainbridge et al

Retained to assess claims against developers of Sanctuary Belize, a large scale mixed-used residential, commercial, and resort project.  Testified at deposition and bench trial.

 

Shailesh Jogani v. Haresh Jogani et al

Retained by Defendant
Counsel: Isaacs Friedberg LLP

Retained to opine on customs and practices surrounding real estate joint ventures, partnerships, or comparable arrangements. Testified at jury trial.

 

Placentia Development Company, LLC v. Bridgemark Corporation

Retained by Plaintiff
Counsel: Simpson Thacher & Bartlett LLP

Retained to opine on economic damages incurred by the Plaintiff as a result of Defendant’s alleged breach of contract. Testified at deposition (twice) and jury trial (twice, including punitive damages phase).

 

Christopher Zangara-Payer v. David Payer

Retained by Plaintiff
Counsel: Godwin LLP

Retained to opine on customs and practices with respect to member-managed liability companies and economic damages associated with Defendant’s alleged breach(es) of fiduciary and improper occupancy of LLC-owner real estate without payment of rent. Testified at jury trial.

 

Food 4 Less of California, Inc. v. 3650 Olympic LP et al

Retained by Plaintiff
Counsel: Stuart Kane LLP

Retained to testify regarding liability, damages, and industry standards and practices with respect to a commercial lease agreement and issues particular to retail shopping centers. Testified at deposition.

 

Core Health & Fitness, LLC v. National Union fire Insurance Company of Pittsburgh, PA et al

Retained by Defendant
Counsel: Keller Anderle LLP

Retained to assess and evaluate damages claimed by Plaintiff in connection with an incident at a health club facility owned and operated by Plaintiff. 

 

Windsor Capital Group v. John Moller et al

Retained by Plaintiff
Counsel: Dechert LLP

Retained to opine and assess damages related to Plaintiff’s claims regarding the acquisition of a Westin-flagged hotel In Huntsville, Alabama.  Testified at deposition. 

 

Reyna Sanchez et al v. Rami Grinwald et al

Retained by Defendant
Counsel: Law Offices of Patrick Torsney

Retained to opine on and assess damages claimed by Plaintiffs regarding the acquisition of a multifamily asset in San Bernardino, California.

 

In re: PG&E Corporation and Pacific Gas and Electric Company

Retained by Debtors
Counsel: Cravath, Swaine, & Moore LLP

Retained to provide Court with model to estimate damages (e.g., property and ancillary) caused by California wildfires.  Prepared report.

 

Joacim Magnusson v. Parviz Taherpour et al

Retained by Defendant
Counsel: The Safarian Firm, APC

Retained to opine on and assess damages claimed by Plaintiffs regarding an eviction under Los Angeles County’s Rent Stabilization Ordinance.  

 

Van De Motter, et al v. The Irvine Company

Retained by Plaintiff
Counsel: Hezog, Yuhas, Erlich et al

Retained to provide declaration supporting request for documents as part of punitive damages motions and to analyze related discovery.

 

RSI Equity Partners, LLC et al v. William Lyon Homes, Inc.

Retained by Defendant
Counsel: Paul, Weiss, Rifkind et al

Retained to evaluate the reasonableness and economic suitability of the City of Beaumont’s demand that the Defendant advance payments in connection with the potential formation of a Community Facilities District in connection with a development project.  Testified at deposition.

 

BCIM Strategic Value Master Fund, LP, Petitioner, HFF, Inc., Respondent 

Retained by Respondent 
Respondent’s Counsel: Morgan Lewis 

Retained to provide rebuttal testimony regarding expected growth rates in real estate capital markets and other issues raised in connection with claims made in connection with the acquisition by HFF, Inc. by Jones Lang Lasalle, Inc.  Testified at deposition and bench trial.

 

Lendinghome Corporation v. Sundae, Inc. et al

Retained by Defendant
Counsel: Baker McKenzie, LLP

Retained to provide an opinion and draft declarations as to what might be “trade secrets” in context of certain financing transactions.

 

Weintraub Financial Services, Inc. et al v. The Boeing Company

Retained by Plaintiff
Counsel: Abir, Cohen, Treyzon, Salo, LLP

Retained to provide opinion and quantify economic damages incurred by Plaintiff as a result of allegations involving proposed large-scale real estate development.  Prepared report and testified at deposition.

 

Frank Basile v. Parviz Taherpour

Retained by Defendant
Counsel: The Safarian Firm

Retained to provide opinions as to reasonableness of Defendant response to notice received by City of Los Angeles with respect to the condition of Property owned by Defendant and leased to Plaintiff, and to respond to related claims of and for economic damages. Testified at bench trial.

 

Mark D. Sachar et al v. Barbara A. Bentley et al

Retained by Defendant
Counsel: Miller Barondess, LLP

Retained to provide opinions regarding customs and practices associated with ownership, operation, and management of multifamily assets.  Testified at deposition and arbitration.

 

Pathfinder Holdings, LLC et al v. Gurnee Housing Preservation, L.P. et al

Retained by Defendant
Counsel: Mandel Bhandari, LLP

Retained to provide opinions regarding industry customs and practices and economic benefits resulting from acquisition of partnership interests and recapitalizations of partnership interests in affordable housing projects.  Prepared report and testified at deposition.

 

Roger Gordon et al v. Lesley Gordon et al

Retained by Defendant
Counsel: Alleguez Newman Goodstein LLP

Retained to provide opinions regarding customs and practices associated with ownership, operation, and management of certain commercial real estate.

 

3800 West Sixth Street, LLC v. Byung No Ree et al

Retained by Defendant
Counsel: Raines Feldman LLP

Retained to provide opinions regarding customs and practices surrounding due diligence practices associated with commercial real estate transactions and to assess and evaluate economic damages claimed by Plaintiffs.  Testified at deposition and bench trial (twice).  

 

Haderway PTC, LLC v. Robert Barth et al

Retained by Plaintiff
Counsel: King, Holmes, Paterno, & Soriano LLP

Retained to provide opinions regarding customs, practices, and fiduciary duties associated with certain commercial real estate transactions.  Testified at deposition and bench trial.

 

Brian S. Forster v. Vincent Patrick et al

Retained by Plaintiff
Counsel: Raines Feldman LLP

Retained to provide opinions regarding customs, practices, and fiduciary duties in the commercial real estate industry. Testified at deposition and jury trial.

 

Kathryn Retzer v. Patrick Herning, Honoré, Inc., et al

Retained by Plaintiff
Counsel: Keller Anderle, LLC

Retained to estimate damages incurred by Plaintiff in connection with alleged wrongful termination, including dilution of Plaintiff’s ownership interest in venture-funded entity.  Testified at deposition.

 

Joseph Chang et al v. Wellington Yang et al

Retained by Defendants
Counsel: Peter Jazayeri, JAZ

Retained to opine on customs and practices in commercial real estate development and assess economic damages allegedly suffered by Claimants.  Prepared report and testified at deposition and arbitration.

 

AHS Residential, LLC v. Assembly Atlanta, LLC

Retained by Defendants
Counsel: Jones Day

Retained to analyze and assess economic damages allegedly suffered by Plaintiff in connection with the potential development of a multifamily apartment community in Doraville, Georgia. Prepared report and testified at deposition.

 

Shailesh Jogani v. Haresh Jogani et al

Retained by Defendant
Counsel: Larson LLP

Retained to opine on customs and practices surrounding real estate joint ventures, partnerships, or comparable arrangements.  Testified at deposition and jury trial.  

 

Capitol Hill Group v. DCA Capitol Hill LTAC, LLC et al

Retained by Defendant
Counsel: Steptoe & Johnson, LLP

Retained to draft declaration associated with post-trial motion on how to compute late charges and interest associated with a commercial lease agreement.  

 

Southern California School of Theology v. Claremont Graduate University

Retained by Defendant
Counsel: Loeb & Loeb, LLP

Retained to evaluate the proposed purchase price (and related methodology) for an approximately 16.4-acre piece of property, as set forth in an agreement between the parties. Prepared report and testified at deposition and arbitration.

 

Mira Kim v. Gina Kim, Anna Kim et al

Retained by Defendant
Counsel: Miller Barondess LLP

Retained to provide opinions surrounding the customs, practice, duties, and valuation matters related to family-owned limited liability companies and real estate owned and managed by said companies.

 

City of San Diego v. Hughes Marino

Retained by Defendant
Counsel: Cooley LLP

Retained to evaluate reasonableness of fees paid to Defendants and related issues associated with certain real estate transactions (property lease with bargain purchase option) consummated by Plaintiff.

 

Siobhan Oldham v. Jacob David Binstok aka Yaakov David Binstok et al

Retained by Plaintiff
Counsel: Campbell & Farahani, LLP

Retained to evaluate and quantify economic damages suffered by the Plaintiffs as a result of Defendant’s alleged violation of Los Angeles’ Rent Stabilization Ordinance and related claims.

 

Post Investment Group, LLC et al v. John R, Ehrman

Retained by Plaintiff (Appellant)
Counsel: Manatt, Phelps, & Phillips, LLP

Retained to evaluate and testify to certain tax matters relevant to a dispute between parties involved in in a real estate investment firm. Prepared report.

 

State of Nevada v. Teva Pharmaceuticals USA, Inc. et al

Retained by Defendant
Counsel: Morgan Lewis & Bockius, LLP

Retained to evaluate and testify to certain financial accounting and tax matters relevant to claims associated with ongoing opioid-related litigation.  Prepared report.

 

Lenesha Fudge-Cheatom et al v. Strathern Park, L.P. et al

Retained by Plaintiff
Counsel: Campbell & Farahani, LLP

Retained to opine on certain customs and practices in multifamily management and to evaluate and quantify economic damages suffered by the Plaintiffs as a result of alleged violation of Plaintiffs’ civil rights and related claims.  Testified at deposition.

 

The Icon at Panorama City, LLC v. Southwest Regional Council of Carpenters et al

Retained by Defendants
Counsel: Williams & Connoly

Retained to provide consulting services surrounding the customs and practices surrounding the development of mixed-used commercial real estate projects. Testified at deposition.

 

Rebecca Sue Butler v. Joachim Fernandes et al

Retained by Plaintiff
Counsel: Campbell & Farahani, LLP

Retained to opine on certain customs and practices in multifamily management and to evaluate and quantify economic damages suffered by the Plaintiffs as a result of Plaintiffs’ loss of rent-stabilized tenancy. Testified at deposition.

 

GSE Properties, LLC et al v. APRO, LLC

Retained by Plaintiffs
Counsel: Larson LLP

Retained to provide consulting services surrounding certain customs and practices with regards to commercial real estate leases (e.g., types, handling of property taxes and other property-related expenses). Prepared report.

 

State of Oregon, ex rel. Ellen F. Rosenblum v. Talmage LLC et al

Retained by Defendants
Counsel: Cadwalader

Retained to opine on issues surrounding the pricing, valuation, and related issues associated with collateralized debt obligations (and specific collateralized debt obligation at issue in the litigation) and customs and practices regarding fiduciary duties relevant to allegations in the complaint. Testified at trial (bench).

 

Heather Krug v. Marina Pacific, E&S Management, Corp. 

Retained by Plaintiff
Counsel: Shakhnis Law

Retained to provide consulting services surrounding the customs and practices surrounding the management of residential units and related economic damages.

 

Peter Nicoletti v. Jones Lang LaSalle Americas, Inc. 

Retained by Defendant
Counsel: Faegre Drinker Biddle & Reath, LLP

Retained to provide consulting services to evaluate claims and alleged damages associated with the termination of a high-level JLL employee working in Capital Markets. Testified at deposition.

 

Michael Palumbo v. JW Capital, LLC et al

Retained by Defendant and Cross-complainant
Counsel: Merino Yebri, LLP

Retained to evaluate claims and related economic damages associated with a high-profile single-family residential project in Los Angeles, California. Testified at jury trial.

 

440 Park Avenue Owner Associates, LLC et al v. 56th and Park (NY) Holdings, LLC et al

Retained by Respondents
Counsel: Sullivan Cromwell

Retained to assess the investment structure employed by parties in context of industry norms and to evaluate promote and management fees earned by Respondents. Prepared report and testified at deposition.

 

Diamond Grande Resort, LLC, Diamond Grande Resort, LLC, Tax Matters Partner v. Comm’r

Retained by Tax Matters Partner, Client
Counsel: Covington

Retained to assist taxpayers in connection with Tax Court case regarding certain matters related to a real estate development project in South Carolina.

 

Peggy Barnes v. Lynn Alesso

Retained by Plaintiff
Counsel: Venskus & Associates, A.P.C.

Retained to assist plaintiff in preparation of damages analysis associated with alleged wrongful eviction. 

 

Shana Anglin et al v. Patrice Loraine Burton et al

Retained by Plaintiff
Counsel: Campbell & Farahani, LLP

Retained to opine on customs and practices in multifamily management and to evaluate and quantify economic damages suffered by the Plaintiffs as a result of Plaintiffs’ alleged wrongful eviction.

 

San Pasqual Fiducirary Trust Company et al v. Michael Rosenfeld et al

Retained by Defendants
Counsel: Ervin Cohen & Jessup, LLP

Retained to opine on customs and practices surrounding management of limited liability companies and/or other entities involved in commercial real estate investments (duties of care, accounting and taxation, and disclosures).

 

LPOD, Inc. et al v. C.L. Knox, Inc. et al

Retained by Plaintiffs
Counsel: Law Offices of Ralph B. Wegis

Retained to opine on customs and practices surrounding commercial leases and impact of tenant risk (including risk that tenant causes environmental contamination) on rental rates and other lease terms. Testified twice at deposition and bench hearing.

 

United States v. Andris Pukke

Retained by Defendant
Counsel: Federal Defenders of New York, Inc.

Retained to testify on matters related to Sanctuary Belize, a residential real estate development in Belize. Testified at jury trial.

 

Jean-Pierre Amparan et al v. 233 S. Lafayette Park Place, LLC et al

Retained by Defendants
Counsel: CP Law Group

Retained to review, evaluate, and opine on economic damages incurred by Plaintiffs in connected with alleged wrongful eviction and related claims. 

 

Maui Wildfire Litigation, including In re: Maui Fire Cases, Lahaina Wildfire Litigation, and Amguard Ins. Co. et al v. Maui Elec. Co., Ltd. Et al

Retained by Defendant, Trustees of Bernice Pauahi Bishop
Counsel: Quinn Emanuel Urquhart & Sullivan LLP

Retained to estimate damages (e.g., property and ancillary) caused by wildfire in Lahaina, Hawaii (Maui) and evaluate potential redevelopment alternatives.

 

In re: Trust B of the Hooten Family Trust 1984

Retained by Trustee
Counsel: Wilkie Farr & Gallagher, LLP

Retained to opine on valuation of commercial real estate, including but not limited to, the customs and practices surrounding the engagement of appraisers and the applicability of various valuation discounts. Testified at deposition.

 

Stephen Doyon et al v. Mickle & Lucky Estates, LLC et al

Retained by Plaintiffs
Counsel: Campbell & Farahani, LLP

Retained to evaluate and quantify economic damages suffered by the Plaintiffs as a result of Defendant’s alleged violation of Plaintiff’s Civil Rights, negligence, wrongful eviction and any related claims. Testified at deposition.

 

In re: National Realty Investment Advisors, LLC

Retained by Plaintiffs
Counsel: Williams & Connolly LLP 

Retained to opine on customs and practices surrounding private placement memoranda for solicitation of funds for real estate investment funds and the solicitation of investment capital from accredited investors, generally. Prepared report.

 

Kendra Ware v. Michael Walker 

Retained by Plaintiffs
Counsel: Venskus & Associates, A.P.C.

Retained to evaluate and quantify economic damages suffered by the Plaintiffs as a result of Defendant’s alleged violation of Plaintiff’s Civil Rights, negligence, wrongful eviction and any related claims.

 

San Antonio Apartments, LLC v. Deacon Construction, LLC et al

Retained by Defendants
Counsel: Wood Smith Henning & Berman LLP, Van De Poel, Levy, Thomas LLP 

Retained to opine on rental concessions in multifamily rental agreements, including their economic and financial impact; and ii) whether rental concessions were/are appropriate in circumstances alleged in complaint (e.g., certain construction defects).

 

SC Philips Clark v. Shore Club Property Owner LLC, et al. / YH Lex Estates v. HFZ Capital Group

Retained by Defendants
Counsel: Milbank, Tweed, Hadley & McCloy LLP

Retained to opine on valuation of certain commercial real estate projects and related foreclosure actions.

 

Yeo Bai Lee v. Christy Jihee Ryoo et al

Retained by Defendants
Counsel: Keller Anderle LLP

Retained to opine on the valuation of certain assets (e.g., real estate, equity in private company) related to various tort claims alleged in operative complaint.

 

180 Remsen, LLC v. St. Francis College et al

Retained by Plaintiffs
Counsel: Milbank, Tweed, Hadley & McCloy LLP

Retained to opine on customs and practices surrounding purchase and sale agreements in commercial real estate transactions and to assess and quantify economic damages tied to alleged breach(es) of specific agreement by and between the parties associated with proposed sale of certain property in Brooklyn, New York. Prepared report and testified at deposition.

 

Stockbridge Treasure Island Investment Company LLC, et al. v. Kenwood Investments, LLC

Retained by Defendants
Counsel: Munger, Tolles, & Olson LLP

Retained to opine on customs and practices surrounding commercial real estate joint ventures and to evaluate claims surrounding a specific joint venture created to redevelop Treasure Island in the San Francisco Bay.

 

Amuro, et al. v. Island Palm Communities, LLC, et al.

Retained by Defendants
Counsel: Husch Blackwell LLP

Retained to opine on customs and practices surrounding owners and managers of residential properties. Prepared report and testified at deposition and arbitration.

 

Five Point Holdings, LLC and CP Development Co., LLC v. United States of America, Tetra Tech EC, Inc. et al

Retained by Plaintiffs
Counsel: Alston Bird LLP

Retained to opine on customs and practices surrounding development of large, master-planned, mixed-use projects and whether Plaintiff’s actions were consistent with industry customs and practices. Prepared reports and testified at deposition.

 

James Giovanni v. Red Oak Capital Holdings, LLC et al

Retained by Plaintiffs
Counsel: King & Spaulding, LLP

Retained to opine on customs and practices surrounding the underwriting of commercial real estate loans.

 

Jonathan Doe and Stanley Trust v. Fillmore Holdings, LLC, Greystar California, Inc. 

Retained by Defendants
Counsel: Seyfarth Shaw LLP

Retained to opine on customs and practices and associated damages associated with allegations of wrongful eviction and related claims. Prepared report.

 

Caravan Outpost LLC v. 317 Bryant, LLC et al 

Retained by Plaintiffs
Counsel: Venksus & Associates, A.P.S.

Retained to opine on customs and practices and associated damages associated with allegations associated with a commercial lease agreement. 

 

Security National Guaranty, Inc. v. Mahender Makhijani et al 

Retained by Plaintiffs
Counsel: Lubin Olson & Niewiadomski LLP

Retained to opine on customs and practices associated with commercial real estate development and related economic damages. Prepared two declarations and testified at deposition. 

 

Michael Goodwin, Arthur Duquette, and SYZYGY Capital Partners LLC v. ARC70 Capital LLC and ARC70 Advisors, LP

Retained by Plaintiffs
Counsel: McDermott Will & Emery LLP

Retained to opine on the Low-Income Housing Tax Credit Program (“LIHTC”) and other relevant issues associated with LIHTC (i.e., syndicate structure, loan securitizations).

 

The County of Los Angeles et al v. Thomas Shepos et al

Retained by Defendants
Co-Counsel: Crowell & Moring, LLP and Allen Matkins LLP

Retained to opine on customs and practices surrounding commercial real estate leases, generally, and specific lease terms (e.g., rental rates, expense reimbursements, tenant improvement allowances) associated with a lease agreement with the County of Los Angeles.

 

3265 Scott Blvd., LLC v. TEP Group, Inc, dba Silverlake Ramen et al and related cross-complaint

Retained by Defendants and cross-complainant
Counsel: JAZ (Peter Jazayeri)

Retained to opine on customs and practices surrounding commercial lease agreements. 

 

Gary Reneiro, individually and as Trustee v. Clifford Caton, individually and as Trustee

Retained by Plaintiffs
Co-Counsel: Moss Bollinger LLP, Law Offices of Laurence Padway

Retained to opine on customs and practices surrounding commercial real estate transactions, specifically involving a large undeveloped parcel of land in Merced, California, and related damages.

 

EXPERT WORK IN ADMINISTRATIVE CONTEXT

 

In Re: Anonymous Taxpayer and Internal Revenue Service: Retained by taxpayer and counsel, Wood, LLP, to draft declaration on behalf of taxpayer re: the appropriateness of certain deductions associated with business development activities by an equity partner in a large international law firm.

 

In Re: Golden Management Services, Inc.: Retained by Larson LLP to opine as what would be considered a reasonable estimation of damages from late rental payments pursuant to Civil Code Section 1671, from an industry customs and practices perspective. Prepared declaration.

 

In the Matter of: Landmark Designation Review, 380 Barons Lane, Southampton, New York: Retained by GT (GreenbergTaurig) to determine diminution in market value that would result from designating a single-family home in Southampton, New York, as “architecturally significant.” Testified before Board of Architectural Review & Historic Preservation.

 

Gold Flora, Inc.: Retained to provide consulting services tied to contingent consideration potentially due under a purchase and sale agreement based on adjusted EBITDA and relevant financial accounting considerations.  Prepared report.

 

Securities and Exchange Commission, Division of Enforcement: Retained by Securities and Exchange Commission to review documents and transactions related to a real estate investment company and its affiliates.  

 

Internal Revenue Service: Retained by the Internal Revenue Service to assist them on tax-related real estate matters. Prepared reports.

 

In Re: Major League Rugby: Retained by Velie Law Firm to draft letter to Major League Rugby re: definition of revenues given the unique structure of the organization.  

 

In Re: Candace Baughman: Retained by Greenberg Traurig, LLP, as part of (pre-litigation) mediation, to value client’s interests in a family limited partnership and other entities, consisting principally of income-producing real property.

 

706 Mission Street ProjectRetained by Lippe Gaffney, Wagner, LLP, to draft reports (including rebuttal) evaluating economic feasibility of competing development alternatives for high-residential project in San Francisco.  Prepared report and testified before San Francisco Board of Supervisors.

 

Fortune Commercial, Inc., DBA Seafood City. Retained by Charles Miller, Esq., Law Offices of Charles Miller, to review documents surrounding “Application for Alien Employment Certification,” which had been declined, and drafting of letter/declaration to Department of Labor (DOL) on behalf of applicant.

 

State Bar of California. Retained by Ms. Nancie Arbogast, an Investigator with the State Bar of California, to review certain financial documents and render written analysis and opinion to support Bar’s actions against certain respondent.

 

Lewis, D’Amato, Brisbois, & Bisgaard, LLP. Retained by “of-counsel” member of firm to assist in negotiations related to employment and associated compensation. Prepared analyses of firm operations to evaluate profitability of individual and his team to firm.

Expert Witness Services is often retained early in the litigation process to help shape strategy, guide discovery, and assess damages, with a focus on optimizing outcomes and helping cases reach resolution more efficiently and quickly.

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