Category Archives: Firm Case Studies

Resolving Tenant-Owner Commercial Property Claims

Commercial vs Residential Use, Property Damage Liability and Lawful Detainers

We defended the owner of a commercial property (a lender that had foreclosed and credit bid at the foreclosure sale) in a civil action by the former tenant of the property that had been evicted in an unlawful detainer action we prosecuted for the owner/lender. Continue reading

Navigating Pre-Judgment Remedies and California Anti-Deficiency Rules

Taking our client through a complex legal environment successfully

PLP recently represented a large financial institution in a commercial collections matter in Alameda County.  We successfully obtained expedited orders for Writs of Attachment on the debtor’s commercial and residential properties, and immediately recovered substantial Continue reading

Commercial Lease Extension

Signed With National Franchisor As Tenant

We recently completed the successful negotiation and drafting of a  commercial lease extension on behalf of our client, the Landlord and owner of commercial property in Hayward, California (East Bay).  The Tenant is a large, national automotive repair franchisor. 

Hayward Landlord Tenant

The Tenant had allowed its option to renew to expire, allowing us to negotiate and draft lease modification language to provide for an increase in rents to market with annual CPI increases and 3%  minimum annual increases.  Market conditions also allowed us to  eliminate a right of first refusal that the Tenant previous enjoyed, thereby increasing the marketability of the property  for a potential sale by the Landlord.  

Commercial Lease Contracts

We are seeing a significant increase in activity in the commercial real estate leasing market  while representing  landlords, tenants, brokers and property managers.  Our clients are advising us the rents are increasing and inventory is low, making it a landlord’s market as the San Francisco Bay Area economy continues to improve.

More about commercial lease contracts or tenant representation

Preservation Of Real Property

We had the privilege of representing an LLC and several of its members in a civil action filed by other LLC members who sought to dissolve the LLC and force the sale of over ten pieces of commercial and residential real property located in the Bay Area. In this heavily litigated matter involving numerous depositions and several motions and court hearings, we were able to reach a favorable settlement following mediation wherein we were able to preserve the existence of the LLC for our clients and preserve the majority of the real property for the LLC.

Appointment Of Receiver

Our firm represented a large financial institution in a multi-million dollar commercial foreclosure action involving a senior assisted-living facility in Alameda County, which was occupied by over sixty (60) residents. We successfully obtained an ex parte order for appointment of a receiver to analyze the financial condition of the business, ascertain the welfare of the residents and investigate code violations which facilitated the continued operation of the facility and successful negotiation of a short sale of the property on favorable terms for our client.

Mechanics Lien Litigation

Our firm successfully represented a major Northern California construction equipment dealer in a complex mechanic’s lien priority dispute following the failure of a multi-million dollar golf course project in Central California. With over fifty competing mechanic’s lien claims and with litigation spanning the course of several years and complicated by the bankruptcy of a major financial institution involved in the project, our firm successfully negotiated a highly favorable monetary settlement for our client.