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San Diego

T(619) 235-1552

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Education

  • J.D., University of California, Davis School of Law

  • B.A., University of California, San Diego

Bar Admissions

  • California

Court Admissions

  • U.S. District Court, Northern District of California

  • U.S. District Court, Southern District of California

  • U.S. District Court, Central District of California

  • U.S. Court of Appeals for the Ninth Circuit

  • All California State Courts

Services

  • Commercial Real Estate Transactions

Industries

  • Real Estate

  • Shopping Center, Retail & Mixed-Use

  • Life Sciences

  • Office

Memberships

  • State Bar of California

  • San Diego County Bar Association

  • California Asset Management Professionals

Michael J. Holmes

Partner

Mike is the Office Operating Partner for the San Diego office. His practice focuses on commercial real estate transactions, including various classes of retail, office and mixed-use leasing, life-science transactions, construction and development matters, and solar energy projects located throughout the United States. For solar energy projects, Mike represents both landowners and solar energy developers, negotiating and drafting options, leases, easements and purchase agreements. For commercial leasing, he represents both landlords and tenants, negotiating and drafting lease agreements, amendments and related documents, such as letters of intent, estoppel certificates, non-disturbance and attornment agreements and broker contracts. Mike's representative projects include transactions at high-rise office towers, mixed-use redevelopment projects and retail shopping centers.

As a former litigation partner at the firm, Mike knows firsthand the consequences of improperly assessed risk. He applies his knowledge and experience to explain potential risks to stakeholders and draft appropriate deal terms.

Mike's clients range from large institutional investors to small startup companies and entrepreneurial individuals. He has particular experience with acting as "in-house" counsel for several institutional clients.

Mike has authored articles and lectured on subjects which include commercial leasing, accessibility laws and regulations, construction law and commercial center management. While an undergrad at University of California, San Diego, Mike was elected President of the Associated Students, and at University of California, Davis School of Law, he served as Editor in Chief of the U.C. Davis Law Review.

Community Activities

  • Servicemember Civil Relief Act, court-appointed pro bono counsel
  • Feeding San Diego, volunteer
  • Habitat for Humanity, volunteer
  • Ronald McDonald House, volunteer

As a former litigation partner at the firm, Mike knows firsthand the consequences of improperly assessed risk. He applies his knowledge and experience to explain potential risks to stakeholders and draft appropriate deal terms.

Mike's clients range from large institutional investors to small startup companies and entrepreneurial individuals. He has particular experience with acting as "in-house" counsel for several institutional clients.

Mike has authored articles and lectured on subjects which include commercial leasing, accessibility laws and regulations, construction law and commercial center management. While an undergrad at University of California, San Diego, Mike was elected President of the Associated Students, and at University of California, Davis School of Law, he served as Editor in Chief of the U.C. Davis Law Review.

Community Activities

  • Servicemember Civil Relief Act, court-appointed pro bono counsel
  • Feeding San Diego, volunteer
  • Habitat for Humanity, volunteer
  • Ronald McDonald House, volunteer

LEASING AND RELATED SERVICES

  • Retail. Negotiated and prepared restaurant and retail leases and lease amendments in San Diego, Los Angeles, Seattle and Salt Lake City.
  • Mixed Use. Negotiated and prepared leases and amendments for extension, expansion and surrender with respect to commercial tenants in mixed-use center.
  • Office. Negotiated and prepared office tower leases and related documents, such as letters of credit, forms of estoppel and sublease consent agreements.

LIFE-SCIENCE TRANSACTIONS

  • Lease.  Negotiated and prepared leases and lease amendments for life-science office, R&D and laboratory space.
  • Lender Access.  Negotiated and prepared access and waiver agreements in connection with life-science tenants' financing.
  • Sublease Consent.  Negotiated and prepared consent agreements in connection with life-science tenants' proposed sublease agreements.

CONSTRUCTION AND DEVELOPMENT

  • Construction Contract.  Negotiated and prepared construction contract on behalf of owner in connection with project located in San Francisco, California.
  • Architect Agreement.  Negotiated and prepared architect agreement on behalf of owner in connection with project located in Austin, Texas.
  • Tieback Agreement.  Negotiated and prepared tieback easement agreement and crane swing license in connection with project located in Santa Monica, California.

SOLAR ENERGY PROJECTS

  • Lease.  Negotiated and prepared option to lease and lease agreement concerning real property in Crawford County, Kansas, on behalf of solar energy developer.
  • Easement.  Negotiated and prepared option and easement for access, transmission and communications concerning real property in Fresno County, California, on behalf of landowner.
  • Purchase.  Negotiated and prepared option and purchase agreement concerning real property in Imperial County, California, on behalf of solar energy developer.

ACCESSIBILITY

  • Retail.  Consulted with landlord and tenant concerning compliance with federal and state accessibility laws with respect to common areas of shopping center and interior of retail store.
  • Bank.  Successfully defended bank in ADA and unfair competition litigation and defeated post-judgment claim for "catalyst" attorneys' fees.
  • Developer.  Consulted with developer of large commercial center to avoid potential accessibility lawsuit.
  • Trends in Commercial Real Estate: Negotiating Lease Terms, Tenant Improvement Challenges, and Other Landlord/Tenant Legal Issues

    ACC San Diego Virtual Event

    3.24.22

  • Trends in Commercial Real Estate: Tips on how to best negotiate, renew, or protect your lease terms

    ACC San Diego Virtual Event

    9.01.21

  • Real Estate Roundtable: Avoiding ADA Pitfalls in Commercial Leases - What Landlords and Tenants Need to Know

    San Diego, California

    9.14.18

  • ACC-SD Brown Bag: Hot Button Leasing Issues and the Eviction Process

    San Diego, California

    6.02.16

  • Bisnow's San Diego Retail Real Estate Summit

    San Diego, California

    8.27.15

  • ACC-SD Brown Bag Program: Commercial Breaches of Lease, Evictions and Hot Button Issues

    San Diego, California

    6.04.15

  • Commercial Breaches of Lease, Evictions, and Hot Button Issues

    La Jolla, California

    3.13.15

  • Effectively Handling Tenant Audit Requests

    San Diego, California

    6.11.14

  • Five Critical Legal Issues for Commercial Landlords

    San Diego, California

    4.02.14

  • Bisnow San Diego Retail Real Estate Summit

    San Diego, California

    1.28.14

  • Landlord-Tenant Law in California

    San Diego, California

    4.03.06

  • International Council of Shopping Centers (ICSC) Idea Exchange

    San Diego, California

    7.29.03

  • International Council of Shopping Centers (ICSC) Idea Exchange

    San Diego, California

    7.20.02

  • Trends in Commercial Real Estate: Tips on How to Best Negotiate, Renew, or Protect Your Lease Terms

    Michael J. Holmes at ACC San Diego

    9.01.21

  • Allen Matkins Announces San Diego Office Promotions

    Michael J. Holmes and Matthew J. Marino in The Daily Transcript

    Press Mention

    7.29.19

  • Marissa Dennis New Operating Partner at Allen Matkins in L.A.

    Marissa M. Dennis, Michael J. Holmes, and Matthew J. Marino in GlobeSt.

    Press Mention

    7.25.19

  • Allen Matkins Appoints Marissa Dennis and Michael Holmes as Operating Partners of its Los Angeles and San Diego Offices; Matthew Marino Appointed as Associate G.C.

    Recent promotions represent a new generation of leadership at the premier West Coast law firm

    Press Release

    7.23.19

  • Big Firms, Big Impact

    By Michael J. Holmes in San Diego Lawyer

    Article

    10.10.17

  • Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

    10.25.16

  • Five Holiday Season Tips for Retail Landlords

    10.13.16

  • Recent Legal Developments for Commercial Properties

    6.23.15

  • Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

    1.27.15

  • Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

    1.21.15

  • Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

    By Michael J. Holmes in The Daily Transcript

    Article

    1.14.15

  • New Law: Much Ado About Nothing

    By Michael J. Holmes in GlobeSt

    Article

    1.09.15

  • Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

    1.09.15

  • Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

    10.23.14

  • New Disability Access Law Aims to Curb Predatory Lawsuits

    By Michael J. Holmes and Alain M. R'bibo in the Daily Journal

    4.25.13

  • Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

    4.12.13

  • New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

    4.12.13

  • California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

    9.27.12

  • New U.S. Supreme Court Decision Clarifies Federal Diversity Jurisdiction Over Corporations

    This alert applies to: Companies that operate in more than one state. Companies with corporate headquarters in one state, and business activities in other states. PLEASE CONTACT US if you have questions regarding this decision and how it may affect your company.

    2.25.11

  • New Ninth Circuit Court of Appeals Ruling Broadens Standing For ADA Plaintiffs

    This decision is a significant departure from established constitutional standing requirements, exposing owners to larger, more expensive ADA litigation.

    5.22.08

  • Loosely Written Leases

    By Michael J. Holmes in the Los Angeles Daily Journal

    5.18.07

  • Loosely Written Leases

    By Michael J. Holmes in the Los Angeles Daily Journal

    Article

    5.18.07

  • Recent Amendments to the Federal Rules of Civil Procedure

    By Michael J. Holmes in The Federal Bar Association Newsletter

    Article

    4.01.06

  • Supreme Court Rejects Ninth Circuit’s Attempt to Extend Liability Under the Federal Fair Housing Act

    By Michael J. Holmes in The Federal Bar Association Newsletter

    Article

    4.01.03

News & Insights

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