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Lubin Olson Prevails at Arbitration of Multi-Million Dollar Real Estate Dispute

On December 15, 2015, LON litigators Gerald Murphy and Kyle Withers achieved a tremendous result for clients Ron Greenspan and Boston Private Bank, owners of commercial property at 19th and Ortega in San Francisco, in a judicial reference proceeding against a national retailer.  The dispute concerned the commencement of a 25-year lease and damages for the tenant's breach of the lease.  The tenant contended it properly terminated the lease because it had not obtained certain land use approval contingencies.  

After a four-day hearing during which the parties entered 400 exhibits into evidence and introduced testimony from 12 witnesses, including land-use experts, retired Napa County Superior Court Judge Scott Snowden issued a 49-page decision in favor of our clients by determining the approval contingency had been met, and that the lease had commenced in October 2014.  The parties resolved remaining appellate and damage issues at a post-trial mediation to the satisfaction of LON’s clients.  With an operative lease in place, the value of the property based on capitalized rent stream from an AAA credit tenant now exceeds $18 million.

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