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Case Results

Representative Cases in California Real Estate, Construction and Eminent Domain Law

Located in Sherman Oaks, California, the lawyers of The Horowitz Law Firm represent individual and commercial property owners, developers, construction companies, contractors and subcontractors, and other clients in the Los Angeles area in real estate and construction law matters. Our attorneys have two decades of litigation experience in California civil courts. Below you will find a few of our results.

California Eminent Domain

In 2012 and 2013, represented a property owner affected by a road widening project in Orange County, CA. The property was subject to a full taking by a Southern California City for the road improvement and the condemnor sued the property owner for eminent domain. The property was a single family residence. Assisted the property owner to obtain the amount of $75,000.00 above the deposit of probable compensation, as well as reaching a settlement with the bank that had a Deed of Trust on the subject property.

In 2011 and 2012, represented a commercial property owner whose property was subject to a permanent easement and a temporary construction easement for a transit related construction project in San Bernardino County. Represented the property owner in the eminent domain litigation filed by the local governmental authority. The main issue in the case was severance damages relating to impairment of access to the property owner's driveway. Assisted the commercial property owner in obtaining a settlement in the amount of $32,800.00 above the amount of probable compensation deposited into court by the condemnor. The settlement also included construction work paid for by the condemning authority to help mitigate the impairment of access issue.

In 2011 and 2012, represented homeowners in a condemnation matter affecting their residence in Los Angeles County. The homeowners' property, a single-family residence, was initially subject to a permanent easement and a temporary construction easement for a highway widening project. As a result of impairment of access issues brought to the attention of the condemnor by our office, the public entity switched to a full take of the property. Obtained settlement for clients without litigation, in an amount $40,000.00 above the condemnor's offer to the propery owners.

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 business 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.

California Real Estate 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.

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.

California Construction Law

In 2012, filed suit on behalf of a structural steel and metal subcontractor for breach of contract and to enforce a public works payment bond for a work of public work improvement in Imperial County. Case settled after mediation for $95,000.00.

In 2008, Mr. Horowitz obtained a judgment in the amount of $242,469.95, including damages, interest, costs and attorneys fees, for a contractor client after 2-1/2 days of trial in Los Angeles County Superior Court, Norwalk Courthouse. 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.

California Employment Law

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.

California Personal Injury Law

In 2013, obtained a settlement for a passenger on a Los Angeles Metropolitan Transportation Authority bus, injured in a collision with a motor vehicle that made an improper turn. The settlement was in the amount of the motor vehicle driver's insurance policy limit of $15,000.00.

Contact our property law office today for information about your real estate law, construction law or property condemnation matters.

 

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The Horowitz Law Firm
14156 Magnolia Blvd Ste 200
Sherman Oaks, CA 91423
t: 818.528.5183

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