Real Estate, Business and Water-Related Transactions
We practice every major facet of real estate, business and water-related transactions. Our attorneys advise clients every step of the way, from concept and organizational structure through entitlements, construction and occupancy, and continuing through planning and implementing the exit strategy.
In business matters, we represent clients in structuring entities and ventures, as well as in a broad spectrum of commercial transactions and contracts. In addition to our general practice, we have unique expertise in matters involving the United States tuna industry and public and private clients in water supply issues.
Our attorneys have represented clients in a wide variety of real estate, business, tuna and water-related areas, including:
Real Estate Transaction Matters
Our real estate transaction practice includes representing developers, buyers, sellers, lenders, investors, landlords and tenants across all product types – from restaurants to apartments to office buildings, industrial parks, shopping centers and raw land. In purchase and sale transactions we manage all aspects of legal due diligence, which we tailor to the nature of the property and the end user’s objectives. Real estate transaction services include: purchase and sale transactions; lease transactions; and construction contracts.
In our business practice, we represent entrepreneurs and venturers in forming, operating, growing and selling many types of businesses. Our business services include selecting and structuring entities, such as corporations, limited and general partnerships, limited liability companies and nonprofit organizations. We offer advice on structures for bringing in additional investors, governance issues, purchases and sales, including stock, equity interests or assets, dissolution and other exit strategies, and contracts generally.
United States Tuna Industry
We represent the entire supply chain of tuna, from owners of approximately one-half of the United States fleet of tuna purse seine fishing vessels, to wholesalers of tuna, to manufacturers of canned tuna. Our business experience includes the negotiation and documentation of: agreements for the purchase and sale of tuna purse seine vessels; bareboat charter agreements; vessel management agreements; joint venture agreements; tuna fishing agreements between sellers of tuna and buyers engaged in the business of purchasing, processing and selling tuna; cannery asset purchase agreements; co-pack agreements and container supply agreements; and financing for companies and individuals who own tuna purse seine vessels.
Water-Related Matters
Our water law transaction practice includes: the negotiation and documentation of: purchase, sale and lease of adjudicated groundwater rights; purchase, sale and lease of groundwater; purchase and sale of real property for the purpose of acquiring associated water rights; acquisition, disposition and lease of privately owned or municipal water systems; public/private partnerships for the sale, lease, operation and management of municipal water systems; acquisition, disposition and lease of shares in mutual water companies; agreements for the manufacture and sale of membranes and spiral wound elements for use in desalination facilities; agreements regarding desalination facilities, including without limitation agreements regarding the purchase of desalinated seawater, development agreements regarding conveyance facilities for desalinated seawater and water delivery agreements; water transfer and exchange agreements; agreements for the treatment of contaminated groundwater; and design-build-operate agreements.
We have particular expertise in desalination, with our attorneys having served as counsel in matters involving the Claude “Bud” Lewis Carlsbad Seawater Desalination Plant since in or about 2002. As built, that plant produces up to 54 million gallons per day of desalinated seawater and is the largest desalination plant in the Western Hemisphere.
Civil and Commercial Litigation
Our litigation strategy is geared toward a practically oriented, objectively favorable outcome for you – whether that means winning after a trial or arbitration on the merits or settling on acceptable terms. We develop practical, effective strategies and tactics that guide you through the complex labyrinth of civil litigation that includes discovery motions, settlement discussions (when appropriate), and trial, if necessary.
We coordinate with our transactional attorneys and outside experts to ensure your case is presented correctly and convincingly.
Our attorneys have handled a wide range of cases in state and federal court, as well as in arbitration in many areas or subject matters, including:
Class Actions
The firm has been lead counsel in state and federal class action matters, Business and Professions Code section 17200 matters, and multi-district litigation. Our experience in this area includes litigation involving antitrust/unfair competition, false advertising, the California Consumer Legal Remedies Act, and alleged failure to comply with FDA regulations applicable to Pressed Cake Weight tuna fill standards.
Contract Disputes
The Firm’s litigation experience includes contract disputes, in a diverse range of business contexts, including the banking industry, real estate transactions, commercial disputes, franchise disputes and securities and investment disputes.
Marital Dissolution
We assist plaintiffs and defendants with the emotionally charged and difficult situation of marital dissolution. Our experience includes: dissolution of marriage and domestic partnership dissolution; child custody and visitation, including legal and physical custody and parenting plans; child support, including calculating child support according to the child support guidelines; division of marital property, including valuation issues; post-divorce modifications, including child support modifications, child custody modifications, and child visitation modifications; and prenuptial and post nuptial agreements, including domestic partnership agreements.
Proposition 65
Our litigation experience includes representing companies that are defendants in Proposition 65 matters disputes. Proposition 65 requires manufacturers, retailers, property owners and employers to warn consumers, employees and invitees if their products, processes or facilities expose individuals to certain levels of chemicals “known to the state of California” to cause cancer or reproductive issues. We help companies comply with Proposition 65 requirements, and defend against claims of non-compliance, whether from the Attorney General’s office, district or city attorneys, or private parties/plaintiffs. We have defended or advised on Proposition 65 matters involving a variety of substances, such as lead, BPA, cadmium, mercury, acrylamide, arsenic and many others.
Real Estate
Our litigation experience includes real property litigation and disputes.
Unfair Competition
Our attorneys have handled many unfair competition matters which have included cases based on allegations of violations of the California Unfair Completion Act (Business and Professions Code §17200 et seq.), and false advertising (Business and Professions Code § 17500 et seq.) We have been lead counsel in such cases and also have served as local counsel for regional and national law firms who require our assistance in local litigation.
United States Tuna Industry
Our litigation experience includes defending distributors and manufacturers in class action matters alleging failure to comply with FDA standards for Pressed Weight Cake, foreclosing on preferred ship mortgages encumbering commercial tuna purse seine fishing vessels, and several other matters.
Water Law
We have represented a number of public and private water suppliers and water rights holders in litigation involving water rights and water-related issues, including the nature and priority of nature and priority of riparian, overlying, appropriative or prescriptive water rights.