Results: Landlord-Tenant
TriMas Corporation v. United Colors of America
$2,021,291.45
Klein & Wilson represented a public company in a commercial unlawful detainer action and persuaded the defendant to enter into a stipulated judgment wherein it agreed to pay Klein & Wilson's client $2,021,291.45 and return possession of the property if the settlement was not timely paid.
TriMas Corporation v. J & KS Management Co., Inc.
$498,052.19
Klein & Wilson represented a public company in a commercial unlawful detainer action and obtained a judgment against defendants in the amount of $498,052.19 plus possession of the property.
Business Center Drive Partners, L.P. v. BioGentec Corporation
$260,000
BioGentec was a landlord's worst nightmare. The company was habitually late on rent and repeatedly made commitments it did not keep. The landlord, Klein & Wilson's client, refused to renew the lease and, at that point, the landlord's nightmare only got worse. BioGentec held over and took advantage of every procedural opportunity to delay eviction. As a result of Klein & Wilson's very aggressive litigation tactics, Klein & Wilson successfully evicted BioGentec and then won a substantial monetary judgment against BioGentec for back rent and attorneys' fees. Although BioGentec did not voluntarily pay the judgment, Klein & Wilson convinced the court to find the principal of BioGentec in contempt of court for failing to turn over assets and almost all of the outstanding judgment was recovered when the judge threatened to throw the principal in jail. This was an extremely satisfying result.
Doe Corporation v. Roe Corporation (Case Confidential)
(Settlement)
In 2006, Klein & Wilson represented a tenant who leased a large building for many years. The lease required the tenant to maintain the building. Upon termination of the tenancy, the landlord demanded $765,000 to repair the premises. Klein & Wilson persuaded the landlord that many of its demands were unreasonable and to accept only $350,000 to resolve the dispute.
Plaza Freeway Limited Partnership v. First Mountain Bank
In this case, Klein & Wilson represented a shopping center attempting to evict a bank tenant based upon expiration of the bank's lease. Both sides agreed the lease had not yet expired, but the bank had executed an estoppel certificate indicating an erroneous lease expiration date. The question presented at trial was whether the bank was bound by its estoppel certificate or whether the actual lease expiration date should be enforced. In a case of first impression, the trial court concluded the bank was not bound by the estoppel certificate. Klein & Wilson appealed and the appellate court reversed, finding the estoppel certificate enforceable and directing the court to enter judgment in favor of Klein & Wilson's client. The case was a published decision and was one of the ten most important appellate decisions involving real estate during 2000.
State of California v. Diess, et al. (El Morro Mobilehome Park)
Klein & Wilson represented virtually all the residents of the El Morro Village Mobilehome Park in their effort to avoid eviction by the State of California. The matter was an extremely high profile case involving some of the leading citizens of Orange County, the California legislature, and the Governor of California. The residents of El Morro Village had lived there for many years and the site had been a mobilehome park for approximately 75 years. The State of California and very powerful forces within the State wanted the mobilehome park closed and took every step possible to force the residents to leave at the conclusion of their leases. Klein & Wilson was asked to delay eviction as long as possible to allow the residents' lobbyist to seek a lease extension. Klein & Wilson was able to avoid the immediate eviction of the residents and when the legislative option failed, Klein & Wilson was able to negotiate a deal with the State allowing hundreds of residents to remain for 14 months and leave their mobilehomes in place without paying for the costs of removal. Klein & Wilson understands it ultimately cost the State millions of dollars in lost revenue and removal costs to return the site to its original condition. While Klein & Wilson was unable to stop the inevitable process of eviction, Klein & Wilson received a standing ovation from residents who came to hear a losing motion for a preliminary injunction against the State. Klein & Wilson received thank you notes from many of the residents, which are cherished to this day.
Bovee v. Kodnegah
Klein & Wilson won an eviction judgment after an eleven day commercial unlawful detainer trial. The court found for Klein & Wilson's client on all its causes of action, alleging the tenant breached three lease covenants unrelated to rent. The court denied the tenant's motion for relief from forfeiture of the lease; accordingly, the tenant was evicted. The court also awarded Klein & Wilson's client $163,464.00 in attorneys' fees and $7,903.47 in costs.
