Property / Neighbor Disputes & Real Estate Litigation

Pestotnik LLP handles a variety of real estate litigation matters. We are experienced in commercial lease disputes, boundary disputes, lender disputes, lender/broker liability claims, real estate investment disputes, secured asset collection actions, easement disputes, title insurance claims, municipality/developer disputes, and developer liability actions.

Volker v. Lynn Schenk

Our lawyers obtained a temporary restraining order and then preliminary injunction prohibiting offending construction where a defendant neighbor (a former Member of Congress) began building a second story structure that interfered with our client’s views of the ocean and coastline.

Neighbor v. Neighbor

We represented a La Jolla family whose neighbor refused to cut trees that fully blocked our client’s
valuable ocean view, claiming CC&R’s did not apply or require such cutting. Without litigation, we ensured that the trees were promptly cut and secured a promise that they will remain trimmed, thereby protecting our client’s views.

Henderson, et al. v. Williams, et al.

Pestotnik represented the plaintiffs in a case about a disputed easement for ingress and egress to/from approximately 120 acres of our client’s rural, East San Diego County property.

State Teachers’ Retirement System of Ohio v. Blockbuster Entertainment

Our lawyers represented the retirement system for the teachers of the state of Ohio in a federal court lawsuit we brought in Orange County against Blockbuster Entertainment for breach of a commercial lease. After obtaining summary judgment on a counterclaim brought by Blockbuster, the case settled with Blockbuster paying money to the teachers.

Estate of Nunn

Pestotnik LLP pursued an action against a tenant who acquired title to her landlord’s house six weeks prior to the landlord’s admission to the hospital for severe Alzheimer’s dementia. We recovered the entire value of the property, as well as part of our attorneys’ fees and costs.

LaSalle Bank v. New West Petroleum

One of our partners represented LaSalle Bank in a $50 million commercial deed of trust foreclosure action, which also included claims for breach of promissory notes, breach of personal guarantees, and appointment of a receiver associated with the secured refinancing of 28 convenience store and gas station enterprises located in Southern California. A negotiated resolution led to reaffirmation of the debts and the orderly sale of all secured collateral, without the necessity and expense of a receiver, so that the net sale proceeds would be disbursed based on a formula favoring the lender’s secured interests.

In re Pipeline Rupture Litigation

Our lawyers successfully defended a large landowner accused of causing a 50” underground petroleum pipeline to rupture during the night, which then led to extensive damage in a northern California neighborhood and stream. After extensive discovery, our partners proved the cause of the accident could not be sourced to our clients but rather others. Our lawyers obtained summary judgment and our clients were awarded attorneys’ fees as well.