Real Estate & Disability Access Litigation

LLF’s real estate practice involves both pre-litigation counseling and litigation claims for residential and commercial clients. The firm represents a national REIT in eviction and breach of lease matters for its California shopping mall holdings. LLF has significant experience in handling matters involving disability access claims under state and federal law (Americans with Disabilities Act, California Disabled Persons Act, Unruh Civil Rights Act, etc.).

Representative Engagements

• ​Pre-litigation counseling and drafting of proposed lease terms for commercial properties
• Pre-litigation representation of national retailer over commercial landlord’s failure to deliver premises in breach of lease
• National REIT for alleged failure to deliver premises in breach of shopping mall lease
• Real estate broker in negligence action for alleged failure to make adequate visual inspection and disclosures resulting in fire destruction of property
• Adverse possession, quiet title and agreed boundary line claims between neighboring residential property owners

• ​Small businesses, including grocery stores, liquor stores, restaurants and hotels, in disability access claims under state and federal law
• Obtained rare summary judgment of disability access claims in favor of defendant under the Americans with Disabilities Act and California Disabled Persons Act because changes were not readily achievable.  Attorneys’ fees and costs were awarded to defendant under CDPA. (Jankey v. Lee (2012) 55 Cal.4th 1038 [holding CDPA’s two-way attorney fee-shifting clause is not preempted by federal law and grants a mandatory right to fees to a prevailing defendant].)​