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Real Estate Operations Disputes

When day-to-day real estate operations lead to intricate and challenging disputes, our expert witness services provide essential clarity and support. We specialize in disagreements arising from the management and functioning of real property assets, meticulously evaluating complex issues such as lease agreement interpretations, property management practices, and adherence to industry standards. Our in-depth expertise helps clarify claims of negligence, alleged breaches of fiduciary duty by property managers or homeowners associations, and disputes concerning property condition and maintenance. Let our expertise illuminate complex operational and financial details, providing the critical support needed to navigate and resolve these challenges effectively.

Specific Areas of Expertise


Lease Agreement Interpretations

We analyze the language, intent, and practical execution of commercial and residential lease agreements. Our work includes evaluating disputes related to rent escalation clauses, maintenance responsibilities, termination provisions, renewal options, and enforcement of lease terms. We help clarify ambiguities, assess standard practices, and determine whether actions taken were consistent with contractual obligations and prevailing real estate norms.

Property Management Practices

We assess the adequacy and appropriateness of day-to-day property management activities, including tenant relations, vendor oversight, maintenance scheduling, budgeting, and financial reporting. Our experts evaluate whether management actions aligned with contractual responsibilities and met the professional standards expected of third-party managers, owners, or management companies.

Adherence to Industry Standards

We evaluate operational decisions and property oversight against recognized industry benchmarks and best practices. This includes assessing compliance with local regulations, fair housing requirements, environmental standards, and commonly accepted protocols for property inspections, repairs, and financial stewardship. Our analysis helps determine whether parties acted with reasonable care and in alignment with professional norms.

Selected Sample Cases:


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.


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).


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.


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.

 


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.

see full case history

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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