Lis Pendens Expunged, Demurrer Sustained and Case Settled on Appeal

Stuart Kane LLP recently represented a commercial real estate owner and developer in an action that began as a post-foreclosure unlawful detainer eviction action and was followed by a civil lawsuit concerning the effect of the loan foreclosure on an option and prior lease. Stuart Kane’s real estate litigation team successfully obtained an order to expunge or remove a lis pendens, obtained possession of the property, obtained an order sustaining a demurrer to the civil complaint, and while the occupant’s appeal was pending, negotiated a settlement preserving claims against a title insurance company, allowing our client to retain possession, eliminating personal property liens, disposing of abandoned personal property, and resolving all claims arising out of the foreclosure and eviction.

Don Hamman was lead on the case with support from partner Eve Brackmann and paralegal Tiffany Jung.

The attorneys in our Real Estate Litigation Group represent developers, property managers and owners, landlords, tenants, lenders, borrowers, retailers, government contractors, brokers and agents. Some of the areas we specialize in include development and construction, landlord-tenant disputes and unlawful detainer, environmental and toxic tort, property and association management, common area maintenance (CAM) charges and eminent domain.