Boutin Jones INC., Attorneys at Law

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Practices

Litigation

Real Estate

Our litigation attorneys have significant experience representing developers and builders in a wide array of matters, including developer liability claims, landlord-tenant claims, fraud claims, construction related claims, and claims by or against financial institutions. We have represented our real estate clients in all facets of litigation, including trial and arbitration.

Representative Experience

Boutin Jones Inc. served as counsel to the seller of an apartment complex sued for fraud and breach of contract on the $18 million transaction. The firm’s trial team eliminated the fraud claims through a motion for summary adjudication. The case proceeded to trial on the remaining claims. After a four-week jury trial, the jury returned a defense verdict for the seller on all remaining claims. Upon entry of judgment, the court granted the seller’s request for an attorneys’ fee award in excess of $350,000, which the client thereafter collected.  Shareholders Bob Swanson and Mike Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as trial counsel to a real estate broker who had acted as a dual agent in the sale of a parcel of undeveloped agricultural land in Yolo County. The buyer sued the seller to rescind the transaction over a purported violation of the Subdivision Map Act. The seller then cross-complained against the broker on various negligence theories seeking over $600,000.00 in damages. Following a bench trial on the cross-complaint, the firm’s trial team secured a defense judgment in favor of the broker completely absolving him from all liability related to the seller’s claims. Shareholder Dan Stouder and associate Kevin Davis were the primary attorneys on this matter.

We served as counsel for a commercial tenant (a medical clinic) in a dispute with its landlord over the landlord’s desire to relocate the tenant to less desirable space. The firm prevailed in court in the landlord’s lawsuit against the clinic, and obtained from the court an award against the landlord for reimbursement of the attorney’s fees incurred by the clinic. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

Boutin Jones Inc. served as counsel for a commercial landlord in a dispute with the anchor tenant in a shopping center. After a three-week trial, the firm’s trial team succeeded in defending against the tenant’s claims that it was defrauded into entering into the lease because the shopping center did not comply with applicable zoning regulations, and prevailed on the landlord’s claims for breach of the lease and a personal guaranty. The firm helped the landlord obtain a judgment against the tenant for unpaid rent, as well as an award of attorneys’ fees, exceeding $4 million. Shareholders Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

We served as counsel to commercial property owners against claims brought by the Redevelopment Agency of the City of Sacramento concerning development of the K Street Mall in Downtown Sacramento. Through successful strategic pre-trial litigation, including prevailing on a motion to expunge a lis pendens recorded against the clients’ properties by the Redevelopment Agency, Boutin Jones’ litigation team achieved a favorable settlement for the property owners in excess of $18 million. Shareholder Bob Swanson was the primary Boutin Jones attorney on this matter.