Kelley Lincoln’s practice emphasizes business and real estate litigation. She has experience representing and counseling her clients regarding contract disputes, business torts, partnership disputes, landlord and tenant issues, and employment matters. Kelley also dedicates a significant portion of her practice to representing title insurance companies and their insureds. In that capacity, Kelley has resolved a plethora of disputes involving easements and boundary lines, secured real property liens, foreclosures, real estate fraud, insurance bad faith, escrow liability and agency. Kelley has extensive state and federal trial experience, often serving as lead counsel.
I thrive when I’m in trial, and I am never afraid to take a case to trial. That said, my goal is always to try to resolve litigation disputes before trial becomes inevitable.
I am a trial lawyer who has tried all different types of cases. Past trials have involved feuding business partners, fraudulent real estate transactions, prescriptive easement claims, and various claims under title insurance policies.
In my career as a litigator, I’ve been successful getting a number of cases completely knocked out through summary judgments. This saved a lot of time and money for my clients. I also have a significant amount of trial experience—something that is often not the case with litigators. I have tried several jury trials and won the vast majority.
I thrive on creativity both in and outside of work. I love to draw, sew, handwrite, decorate and add a special touch to anything I can get my hands on. With three young children, my creativity is always on call.
Civil, Commercial and Business Litigation
Represented a real estate broker against a $700,000 claim for breach of contract and fraud related to the sale of a medical office building in Southern California. Obtained a complete defense verdict for her client after a week-long jury trial in Los Angeles County Superior Court.
Successfully defended the owner of a car dealership in a jury trial involving a $200,000 breach of contract claim in San Joaquin County Superior Court. Trial court verdict was affirmed on appeal.
Title Insurance and Escrow Litigation
Represented a title company that was sued for over $1 million in a multi-party action venued in San Mateo County Superior Court’s complex litigation division. Obtained a judgment of non-suit at the close of Plaintiff’s case.
Represented a title insurance company that was sued in Federal Court by a bank on a claim exceeding $1 million arising from an alleged bad faith breach of the insurance contract. Along with shareholder Michael Kuzmich, defeated the claim through a motion for summary judgment that upheld the title insurance company’s right to rely on a No Voluntary Payment clause in the policy as a basis to deny title insurance coverage to the bank.
Represented title insurance companies seeking to establish priority lien positions on behalf of their insured institutional lenders as against lenders holding trust deeds secured by home equity lines of credit and other obligations. Have settled many of these cases, often resulting in a full release and reconveyance of the adverse trust deed.
Real Estate Litigation
Represented a national trust company in an action to secure possession of commercial real property against a previous owner that did not vacate the property after foreclosure. Obtained a judgment against the entity in possession after trial in Sacramento County Superior Court.
Represented an individual in an easement dispute involving multiple adjacent land owners in Sacramento County. Succeeded in affirming the individual’s rights in the easement after a two-week bench trial in Sacramento County Superior Court.
Monitor and analyze evolving Federal and California case law pertaining to employer arbitration agreements, and specifically those which contain a class-action waiver and/or Private Attorney General Act (“PAGA”) waiver.
Advised employer regarding rules and regulations pertaining to transgender athletes, and assisted in drafting and promulgating a new inclusionary rule for the company.
Defend fiber optics company in class action wage and hour lawsuit filed in San Diego County Superior Court.