Kelley M. Lincoln

Probate and Trust Litigation

• In 2022 alone, has tried several cases involving multi-million dollar claims of undue influence, elder abuse, breach of fiduciary duty and fraud in San Diego, Orange County, Sacramento and Yolo County.
• Represented a wrongfully omitted heir of a million dollar estate in an undue influence and elder abuse action and obtained a successful verdict from the bench upon the close of evidence.
• Retained as trial attorney in large business disputes where there is a probate component, such as when a business partner is deceased and significant partnership assets are at stake.

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 tenant farmer against breach of lease claims by a corporate landlord in a multi-week arbitration before a three-member panel of arbitrators. Successfully defended the breach of contract claims, upheld the agricultural lease and obtained various equitable rights for the tenant in fields adjacent to the leased premises.
• 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.