The following is a sampling of recent transactional, litigation, and other matters accomplished by Gilchrist & Rutter attorneys for our clients.

In the News

San Francisco's Candlestick Point - Hunters Point Project: Landmark court victory against CEQA challenge, permitting largest ever San Francisco redevelopment project to move forward with wide range of residential, commercial and community uses, including construction of new San Francisco 49ers stadium
(Robert McMurry)

120,000-square-foot lease restructure and 10-year term extension for Electronic Arts, a leading software and video game developer, at Playa Vista office campus on behalf of owner Maguire Partners.  (Steven Heller, Jonathan Gross, Peter Swain)

Sale of The Shops at Rossmoor, a successful 434,000-square-foot regional retail center in Seal Beach, CA, which features several national retailers (including Kohl’s, Toys “R” Us, Marshalls, Ann Taylor Loft, Sprouts, In-N-Out Burger, California Pizza Kitchen, and Pei Wei).  The firm acted as co-counsel. (Steven Heller and Stephanie Phillips)

Negotiated and drafted documentation for the inclusion of the Broad Collections Museum in The Grand Avenue Project in downtown Los Angeles
(Paul Rutter, Diane Hvolka)

Leasing

120,000-square-foot lease restructure and 10-year term extension for Electronic Arts, a leading software and video game developer, at Playa Vista office campus on behalf of owner Maguire Partners.  (Steven Heller, Jonathan Gross, Peter Swain)

5.7 megawatt data center lease to a subsidiary of The Telx Group in Santa Clara, CA.  (David Lambert)

Three shopping center leases totaling 79,000 square feet to "big box" national retailers (selling toys, office supplies and pet supplies and services) for the owner of an Orange County shopping center.
(Steven Heller serving as co-counsel)

50,000-square-foot lease at The Water Garden in Santa Monica. (Diane Hvolka)

6 megawatt data center lease with expandable options to 9 megawatt in Quincy, WA.
(David Lambert)

Lease to New West Charter Middle School for relocation of its Los Angeles Unified School District (LAUSD) charter school to our client's 50,000 square foot property in West Los Angeles.
(Steven Heller)

25,000 square foot office lease for an international accounting firm in the Central Business District of Downtown Los Angeles.
(David Lambert)

10-year 25,000 square foot relocation and expansion lease for a national law firm based in Chicago.
(Henry Herrman)

20-year retail ground lease to In-N-Out Burger at Orange County shopping center.
(Steven Heller)

Two-floor office space lease in a Santa Monica office tower for a social commerce technology company.
(Henry Herrman)

37,000 square foot lease for a 10-year term, for a national bank in a first-class, high-rise office building in downtown Los Angeles, representing the landlord.
(Diane Hvolka)

Completed 32,000 sq. ft. lease for a 5-year term, for a national assessment management firm in the prominent Wells Fargo Center high-rise office complex in downtown Los Angeles.
(Henry Herrman)

6.4 megawatt data center lease with expandable options to 18.4 megawatt, in Santa Clara, CA.
(David Lambert)

Lease to towing company of our client's 17,000 square foot West Los Angeles property for operations and vehicle storage for ten year term.
(Steven Heller)

Completed 80,000 sq. ft. lease for a 10-year term, for a national law firm on behalf of REIT owner of a first-class downtown Los Angeles office building.
(Diane Hvolka)

Completed 138,000 sq. ft. blend, extend and expand lease transaction in Downtown Los Angeles for a global provider of professional technical and management support services.
(David Lambert)

Completed lease renewal with Southern California Gas Company for over 350,000 sf at The Gas Company Tower in downtown Los Angeles.
(Diane Hvolka, Jonathan Gross)

Finance

Founded and administered a $100 million joint venture on behalf of the operating general manager of the venture.
(Jonathan Gross, Peter Swain)  

$21,700,000 refinanceing of 420-unit manufactured housing project in Los Angeles County.
(Duane Montgomery and Richard Close)

Construction loan for a build-to-suit passenger terminal at the Van Nuys Airport and related long-term lease and services contract with one of the world's largest aircraft operators.
(Peter Swain)

Completed buy-out of $49M mezzanine loan for office project after conducting an analysis of original loan documents and managing final Discounted Payoff Agreement.
(Jonathan Gross)

Obtained $12 million construction loan obtained for client's proposed senior housing facility in Los Angeles County.
(Duane Montgomery)

Closed the conversion of a lender’s $9.6M loan on Southern California shopping center into an equity investment interest. 
(Duane Montgomery)

$16,100,000 refinancing, including interest rate cap terms and documentation, for 404 unit manufactured housing project in Los Angeles County.
(Duane Montgomery, Richard Close)

Acquisition/Disposition

Sale of The Shops at Rossmoor, a successful 434,000-square-foot regional retail center in Seal Beach, CA, which features several national retailers (including Kohl’s, Toys “R” Us, Marshalls, Ann Taylor Loft, Sprouts, In-N-Out Burger, California Pizza Kitchen, and Pei Wei).  The firm acted as co-counsel. (Steven Heller and Stephanie Phillips)

Represented an investment advisor pertaining to corporate and legal opinion matters in the acquisition of more than $175 million in equity interests in retail, apartment and office properties in Washington, D.C., Newport Beach, and Georgia.  (Duane Montgomery)     

Represented an investment advisor concerning legal opinion matters, pertaining to six loan transactions ranging from $14.5 million to $29 million, secured by apartment complexes located in California, North Carolina, Colorado, Oregon, Illinois and Texas.  (Duane Montgomery)

63.5 acre development site acquisition on behalf of the purchaser in Quincy, WA.
(David Lambert)

Acquisition in Playa Vista of 200,000 square foot value-add office project.
(Peter Swain, Jon Gross, Scott Reynolds, Don Nanney)

305,585 square foot office project aquisition of ownership interests in the Energy Corridor in Houston, TX.
(Duane Montgomery)

Closed acquisition and financing of Santa Monica headquarters for one of the world’s largest music companies.
(Peter Swain, Don Nanney)

Negotiated $140 million sale of Southern California office/industrial portfolio.
(Peter Swain)

Negotiated and closed acquisition, lease, loan, and construction agreements for veterinary clinic in prime South Bay location.
(Duane Montgomery, Steve Heller, Henry Herrman)

Closed sale of property in southern Los Angeles County that is ground leased to a national drug store chain.
(Steven Heller, serving as co-counsel)

Negotiated and drafted documentation for the inclusion of the Broad Collections Museum in The Grand Avenue Project in downtown Los Angeles.
(Paul Rutter, Diane Hvolka)

Litigation

Obtained favorable Court of Appeal judgment dismissing a case against our client for breach of contract and promissory fraud.  The case sought damages and specific performance based on a claim that our client would provide the plaintiff with financial support for her lifetime.  The Los Angeles Superior Court granted our demurrer, and the Court of Appeal affirmed the ruling. (Frank Gooch and Yen Hope)

Successfully preserved a win in favor of our client awarding attorney fees, after appeal to the California Supreme Court.  (Frank Gooch and Carolyn Alifragis)

Obtained a favorable settlement for a client who asserted claims for breach of an independent contractor agreement and wrongful interference with his business. We successfully defeated multiple demurrers and pursued discovery of key witnesses and documents.   (Christine Page and Kevin Kellow, serving as co-counsel)

Favorable settlement in a property ownership lawsuit against the owner/investor of a mixed-use building in Burbank. Plaintiff challenged the trial court's order awarding attorney fees to defendants.
(Carolyn Alifragis, Kevin Yopp)

Obtained an arbitration award before the Financial Regulatory Authority (FINRA), for a broker whose regulatory record had been unfairly tainted with 15 complaints from investors (who purchased auction rate securities prior to the sub-prime meltdown in 2008). The award expunges all complaints from the broker's record.
(Christine Page)

Obtained a judgment to undo a fraudulent mortgage transfer for a valuable residential property in the San Fernando Valley.
(Henry Herrman)

Obtained a very favorable settlement in a "failure to maintain" lawsuit against a mobilehome park client. The full amount of the settlement was paid by the client's insurance company.
(Thomas Casparian, Richard Close)

Obtained an unlawful detainer judgment in a highly contested commercial restaurant space in West L.A.
(Henry Herrman)

Precedent-setting published opinion in Court of Appeal victory invalidating a local ordinance which imposed more stringent requirements for development that permitted by state law, in City of Carson.
(Thomas Casparian)

Secured title insurance coverage for a title defect, after multiple denials of the claim by the carrier. Client received compensation for "diminution in value" from unpermitted residence alterations, which were the subject of a city enforcement action.
(Christine Page)

Obtained a temporary restraining order and preliminary injunction in favor of their client with respect to easement rights on commercial property.
(Christine Page, Yen N. Hope)

Land Use

Approval by the City Council of Seaside, California of a 223-lot residential subdivision for our client Bayview Community LLC, in addition to a grant of an environmental exemption.  (Richard Close and Susy Forbath)

Obtained a writ of mandate against the City of Chino, overturning the city's denial of the firm's client's 260-unit subdivision application.
(Thomas Casparian, Yen N. Hope)

Obtained entitlements for residential subdivision in Carlsbad.
(Richard Close)

Obtained subdivision map approval for 184-unit condominium project in Palm Springs despite strong public opposition.
(Thomas Casparian)

Negotiated settlement approval for subdivision of 208-unit mobile home community and $750,000 in client damages.
(Richard Close)

Environmental

Settlement of contamination claims involving industrial manufacturing in an enviromental litigation case in federal court.
Don Nanney)

Successfully defended a Proposition 65 claim by a bounty hunter alleging Di(2-ethylhexyl)phthalate (DEHP), a carcinogen, in a children's toy product, without any payment to the claimant.
(Don Nanney)

Caused the Regional Water Quality Control Board to issue a Notice of Violation against a subsidiary of an oil company that contaminated our client's property. Resulting from efforts of our client, consultants and the Firm, this "N.O.V." enforcement action is a major step toward forcing the oil company to remediate its contamination, which will allow our client to move forward with its plans to expand and develop its property.  
(Don Nanney)

Obtained settlements with U.S. EPA for potential liability regarding the Operating Industries Inc. federal Superfund Site in Monterey Park, CA, including two applications for financial hardship discount.  
(Don Nanney)

Negotiated environmental due diligence (including Phase II site assessment) for acquisition of a 75-acre industrial property for redevelopment in Northern California, the site of a former plant for magnesium ore processing for bomb making.  
(Don Nanney)

Construction

Negotiated a transaction involving two master design-build construction contract documents for re-development of a multi-building data center in Santa Clara, CA.. 
(David Lambert)

Corporate

Corporate formation and legal opinion matters pertaining to $70,000,000 acquisition of office and retail complex in Du Page County, Illinois and $44,700,000 loan.
(Duane Montgomery)

Leveraged buyout of $42 million personal care products company and simultaneous disposition of patent portfolio.
(Peter Swain, Frank Gooch)

$7 million acquisition of membership interests in an office project located in Arlington, VA.
(Duane Montgomery)

Corporate formation and legal opinion matters pertaining to acquisition of shopping center project in Alexandria, Virginia and assumption of $26,000,000 loan.
(Duane Montgomery)

Corporate formation matters pertaining to acquisition of ownership interests in a 305,585 square foot office project located in the Energy Corridor in Houston, Texas.
(Duane Montgomery)

Government

Led governmental advocacy campaign to successfully stop adverse changes in Los Angeles rent control law on behalf of rental property owner clients.
(Richard Close, Susy Forbath)

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