Case Results

Eminent Domain:

In 2009, represented a homeowner in litigation with public entity in an eminent domain case resulting from the widening of a freeway in Los Angeles County. The home was the subject of a complete taking. Obtained a settlement of $35,000 more than the amount deposited with the court by the public entity as the amount of probable compensation.
In 2009, represented homeowner in litigation with a school district in Los Angeles County in an eminent domain case resulting from the expansion of a public school. The home, which was the subject of a complete taking, was a single family residence on a lot zoned for multi-family development. Obtained a settlement of $265,000 more than the amount deposited with the court by the school district as the amount of probable compensation. Also represented this homeowner in the Resolution of Necessity hearing before the School Board, prior to the litigation.
In 2009, represented homeowner in litigation with a school district in Los Angeles County in an eminent domain case resulting from the expansion of a public school. The home, which was the subject of a complete taking, was a single family residence on a lot zoned for multi-family development. Obtained a settlement of $250,000 more than the amount deposited with the court by the school district as the amount of probable compensation.
In 2009 and 2010, represented business tenant (a manufacturer) that was displaced when the property he was leasing was condemned by a school district in Los Angeles County. Represented the business in the eminent domain litigation filed by the school district. Assisted the business in obtaining a settlement based on a claim for relocation benefits, bonus value on the written lease, the value of fixtures and equipment lost and goodwill.
In 2009, represented homeowner with property in Los Angeles County, in negotiations with public entity over the taking of a temporary construction easement for a highway reinforcement project. This matter resolved without litigation. Obtained a settlement for this client in the amount of $27,100 more than the prior written offer by the public entity.

Construction Law:

In 2005, Mr. Horowitz successfully defended an appeal for a real estate client that had won his case at trial (the trial was handled by another law firm). The plaintiff/appellant filed the appeal to try to overturn his trial court loss against the defendant/respondent represented by Mr. Horowitz. The appeal dealt with the issues of resulting trust, lis pendens and bona fide purchaser in connection with properties purchased by Mr. Horowitz's client. After briefing and oral argument, the California Court of Appeal upheld the trial court's ruling, resulting in a successful outcome for Mr. Horowitz's real estate client.

Mr. Horowitz obtained a favorable result for a contractor client after 2 1/2 days of trial in Los Angeles County Superior Court, Norwalk Courthouse, on August 13-15, 2008. Mr. Horowitz represented the plaintiff, a licensed California general contractor, in a lawsuit against a property owner for breach of contract, enforcement of mechanics' lien, common counts and statutory wrongful withhold.

After several days of trial in July 2006 in the Los Angeles Superior Court, Van Nuys Courthouse, Mr. Horowitz obtained a favorable ruling which was later turned into a judgment, for a client that sought the remedies of resulting trust, constructive trust and declaratory relief against a defendant that refused to recognize the client's off-title or silent ownership interest in a piece of real estate.

In a one day trial in the Los Angeles Superior Court, Van Nuys Courthouse, on September 19, 2005, Mr. Horowitz successfully upheld an employee's Labor Commissioner award which had been appealed by the employer. The main issue revolved around whether the employee was an actual employee or an independent contractor.

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