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Services > Disputes and Litigation

Aggressive protection through dispute deterrence

CGS3 helps clients maximize their commercial real estate investments through a combination of pre-emptive dispute avoidance tactics and innovative litigation strategy.

Legal risk management is at the core of everything we do. Litigators are an integral part of our deal team and provide an added layer of insight for clients looking to maximize business opportunities while still minimizing the potential for disputes down the road.

When disputes do arise, we are aggressive but pragmatic advocates who develop strategies based on our clients’ underlying business interests, not our personal courtroom styles and preferences.

That may require a protracted courtroom battle but, more often than not, it means negotiating behind the scenes to resolve disagreements quickly and efficiently. Regardless of the legal strategy, we put business results over moral victories to achieve the best result in the most cost-effective way possible.

Our services fall into three specific categories:

Dispute prevention: We integrate our litigation know-how into the deal making process to try to ensure at the beginning of the deal process that disputes will be avoided, and, if a dispute is unavoidable, to ensure that you are best positioned to prevail.

Pre-litigation Strategy: Early case assessment of disputes to help identify pragmatic solutions that make business sense.

Litigation Defense: Aggressive protection of your interests should a dispute result in litigation.

Learn more about our integrated commercial real estate services.

Buy/Sell

  • Letters of intent
  • Purchase agreements
  • Title review
  • Due diligence
  • Lease and contract review

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Financing

  • Acquisition loans
  • Development loans
  • Construction loans
  • Permanent and semi-permanent loans
  • Participating and convertible loans
  • Revolving credit facilities
  • Mezzanine loans

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Construction/Development

  • Design professional agreements
  • Construction agreements
  • Design-build agreements
  • Public Private Partnership (PPP) agreements
  • Owner participation agreements
  • Subcontracts
  • Payment/performance bonds
  • CC&Rs and REAs

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Management

  • Property management agreements
  • Listing agreements
  • Service provider agreements
  • Consulting agreements

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Commercial Leasing

  • Retail leasing
  • Office leasing
  • Industrial leasing
  • Medical leasing
  • Life science/biotech leasing

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Distressed Real Estate Workouts

  • Loan restructurings
  • Loan sales
  • Leasing and evictions
  • Deed in lieu transactions
  • Foreclosure proceedings
  • Guaranty enforcement actions
  • Receivership and bankruptcy
  • Short sales, receivership sales and REO sales

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Entity Formation and Tax

  • LLCs and partnership formations
  • Strategic tax and business law counseling
  • Entity and tax disputes
  • Federal, state and local tax controversies
  • Nonprofit corporations
  • Fiduciary duties
  • Workouts and debt discharge
  • Expert witness services

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Disputes and Litigation

  • Business and real estate negotiations
  • Ownership interests
  • Dissolution of business entities
  • Breaches of contract and business torts
  • Workouts and foreclosure of distressed property
  • Landlord/tenant lease disputes
  • Construction disputes
  • Easements and other real property interests
  • Land use decisions by public entities
  • Employment agreements and issues
  • Insurance claims
  • Holders of personal guarantees
  • Unlawful Detainers

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Land Use/Environmental/ Natural Resources (“LER”)

  • Pre-purchase/leasing due diligence
  • California Planning, Zoning and Subdivision Law/obtaining entitlements from local jurisdictions and other agencies
  • Rezoning and variances
  • Master and general plan adoptions and amendments
  • Zoning or building code enforcement actions
  • Environmental enforcement actions by agencies regulating water quality, air quality, hazardous substances, and other resources
  • California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance
  • Impact fees, exactions and other conditions of development approvals
  • Historic landmark designation and preservation
  • Easements/abandonments
  • Condemnation of property rights by public agencies
  • Defense of administrative and judicial challenges to development approvals

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