CIVIL LITIGATION SERVICES

We have represented many real estate general contractors and/or developers to enforce their respective rights under building contracts—as well as general and sub-contractors and suppliers in mechanics lien foreclosure actions. Our experience also includes litigation with municipalities regarding real estate developers’ duties and rights under subdivision improvement agreements.

Construction Defect Litigation

We also have a wide range of experience defending construction defect and construction product defect claims ranging from routine to catastrophic claim amounts. These have involved defense against construction defect or construction product defect claims involving:

• Large housing projects
• City infrastructure projects such as city sewer systems and shipping ports
• City buildings such as convention centers
• Large installations such as theaters and casinos

Our team of litigators have represented clients concerning all aspects of liability in operating a business including:

• Breach of purchase and sale of business agreements
• Dissolution of corporations, partnerships, and limited liability companies (LLC)
• Corporate opportunity usurpation
• Trade secrets
• Shareholder and partnership disputes
• Franchisor-franchisee/licensor-licensee disputes

Entity/Owner Disputes

WKBK&Y has represented owners on all sides in multiple businesses relating to owner disputes and dissolution actions, including legal, medical, general business and real estate partnerships.

Employment Litigation

WKBK&Y has defended many employers who have been sued by employees for issues including:

• Wrongful termination
• Termination in violation of public policy
• Sexual harassment
• Age discrimination
• Gender discrimination
• Race discrimination
• Failure to accommodate employees with disabilities

Unfair Competition, False Advertising, and Consumer Remedies

The firm has represented clients in both prosecution and defense of actions under:

• California’s Unfair Competition Law (“UCL”), Business & Professions Code Section 17200;
• California Business & Professions Code Section 17500, prohibiting false advertising
• Consumer Legal Remedies Act (“CLRA”), California Civil Code Section

Guarantor & Deficiency Liability

Due to the recent economic downturn, we’ve prosecuted or defended large numbers of cases involving real estate foreclosure, guarantor liability, receiverships, writs of attachment, and related claims. In fact, we’ve defended against receivership actions, as well as guarantor liability claims, in both state and federal courts. We also have substantial experience litigating the “sham” guaranty defenses—which may call into question the validity of a guaranty where the lender seeks to hold the true obligor liable for greater amounts on a guarantee than would be obtainable directly against the borrower.

Real Property/Title Disputes

The firm routinely represents clients in litigation concerning the following:

• The purchase and sale of commercial and residential real property
• Disputes with brokers and real estate agents
• Non-disclosure of defects in real property
• Title defects and easements disputes
• Judicial foreclosure
• Quiet title actions and partition actions
• Commercial landlord/tenant disputes, including unlawful detainers

Real Property Broker/Agent Liability

We have significant experience representing real estate brokers and their agents, which includes commission disputes, and broker and agent liability claims.