Shapero & Shapero

Members of the firm successfully prosecuted an action for fraud and breach of fiduciary duty against one of the largest real estate brokerage firms in the country, on behalf of seventeen commercial tenants, obtaining a multi-million verdict after a three month jury trial.

After a four week jury trial, the firm obtained a verdict of over $2.8 million, including $1 million in punitive damages, for intentional interference with prospective economic advantage on behalf of limited partnerships which owned a major shopping center in the midst of refinancing which was prevented by an outsider attempting to take control of the partnerships.

After a four week jury trial, the firm obtained a defense verdict on all claims on behalf of the managing partner of a real estate development partnership who was accused of breach of fiduciary duty and other wrongdoing.  The Plaintiffs requested the jury to award $10 million.

The firm obtained a defense verdict after a three week jury trial in a legal malpractice action arising out of a medical malpractice action for wrongful death of a 25 year old new mother.  The action for legal malpractice was brought against the lawyer who originally sued the doctors.  The firm also successfully brought an action against lawyers for malpractice, arising out of real estate transactions, and has successfully defended an action for malpractice arising out of litigation resulting from a partnership dissolution.

The firm defended a land subdivision firm against a claim by a homeowner that the land above the homeowner’s home had been improperly graded, resulting in flooding and debris deposits on the homeowner’s property.  The case was settled before trial for a nominal payment.

The firm successfully defended a development firm that had converted an apartment building to condominiums in an action alleging defects in the construction of a parking structure for the project.  The plaintiff in the action also alleged that the principals of the defendant corporation were liable for the defects on an alter ego theory.  The action against the individual defendants was resolved in a judgment for the defendants.  Thereafter, the firm brought an action against the plaintiff for malicious prosecution, resulting in recovery of the fees expended.

The firm defended a developer of a tract of homes against a claim that the developer failed to properly supervise the construction of a custom home, resulting in damage to the homeowner across the street in the nature of loss of view.  The firm obtained a dismissal of the action (a non-suit) after the plaintiff rested his case.

The firm successfully defended a landowner from an action alleging that a neighbor possessed an easement over the landowner’s property.

The firm successfully defended an owner-developer from a claim by a subcontractor (a framer) that the owner-developer was responsible for damage to lumber stored on the job site in the amount of approximately $250,000 resulting from a flash flood, as well as contract claims for extras.

The firm successfully defended an electrical engineering firm on a claim of wrongful termination.  The plaintiff alleged that she was terminated in violation of public policy for reporting wrongdoing and in violation of an implied contract that she would not be terminated without good cause.  The firm obtained a defense judgment, which was affirmed on appeal. The firm was appellate counsel as well.

The firm successfully prosecuted an action (obtaining a significant jury verdict) against a seller of real property and real estate agents involved in the sale for nondisclosure of defects in the property.

The firm successfully prosecuted an appeal of a judgment for fraud, breach of contract, and intentional interference with contract, arising out of the purchase of multi-unit residential property, in the amount of approximately $770,000.  The firm was appellate counsel only; other counsel had tried the case.

The firm has also prosecuted and defended numerous other actions, including actions for unfair competition (on behalf of a purchaser of a business whose customer list was unfairly used by the seller of the business, and an employee wrongfully accused of theft of trade secrets when he established a competing business); numerous commercial landlord-tenant disputes; and defamation claims.

Shapero & Shapero specializes in business and real estate litigation, including contract, real estate, corporate and bankruptcy matters.  Its members have handled matters before courts in the state and federal system, including the Supreme Court of the United States, the Ninth Circuit Court of Appeals, the Ninth Circuit Bankruptcy Appellate Panel, and the Supreme Court of California, and various California Courts of Appeal and Superior Courts.

The firm has extensive litigation experience, and has successfully prosecuted or defended claims in the following areas:

• Construction defect and billing disputes.
• Real estate disputes, including broker liability, easements, encroachments, landslides and trespass.
• Legal malpractice claims.
• Disputes arising from office, retail, ground and equipment leases, representing both lessor and lessee;
  claims of fraudulent inducement to execute leases; insurance claims; and tenant improvement obligation disputes.
• Employment matters, including wrongful termination actions.
• Breach of contract actions in a wide variety of contexts, including sale of goods, provision of services and sales of real property.
• Financing matters, including drafting and negotiating asset based and real property financings, as well as litigation of disputes arising therefrom.
• Unfair competition and theft of trade secrets.
• Insurance coverage disputes, including bad faith claims.
• Defamation actions.
• Significant injury matters.