Valentine S. Hoy

• Office Company. Litigation over ownership, control, transfer rights and fiduciary duty issues arising out of multiple limited partnerships and LLCs.
• Real Estate Development Company. Representing ownership fiduciary duty and fraud litigation between members of LLC owner of an assisted living project.
• State Teachers Retirement System. Litigation with co-partner concerning debt leveraging decisions and waterfall issues arising out of shopping center redevelopment projects.
•  Developer. Defense of former director litigation over access to books and records and breach of fiduciary duty claims relating to management of master planned community asset.
• Minority Partner.  Represented frozen out minority partner in successful litigation to enforce limited partnership agreement.

Published Decisions

• Wortham & Van Liew v. Superior Court, 188 Cal.App. 3d 927 (1987) An attorney for a partnership must divulge partnership information to all partners because the joint-client rule removed information received from one partner concerning partnership transactions from the protection of the attorney-client privilege.
• Treo @ Kettner Homeowners Assn. v. Superior Court, 166 Cal.App. 4th 1085 (2008) Condominium project CC&Rs did not suffice as a contract where the issue involved was the waiver under Code Civ. Proc. §638 of the constitutional right to trial by jury.
• Intergulf Development LLC v. Superior Court, 183 Cal.App. 4th 16 (2010) Insured's action against insurer for breach of contract and bad faith cannot be treated as a fee dispute subject to Civ. Code §2860, subd. (c), where the parties disputed whether insurer satisfied the duty to defend and its obligations under §2860.
• Wolf v. CDS Devco, 185 Cal.App. 4th 903 (2010) Former corporate director had no inspection right under Corp. Code §1602 simply because he was still in office when he made the inspection requests and when he filed suit.
• Villa Vicenza Homeowners Assn. v. Nobel Court Development, (2010) 185 Cal.App.4th 23, review granted April 20, 2011 Arbitration provision in condominium project CC&Rs held not enforceable to compel arbitration of construction defect claims asserted by a homeowners association.
• Maya v. Centex Corp.,658 F.3d 1060 (9th Cir. 2011) Reversed dismissal of class action lawsuit filed against homebuilder alleging misconduct and price inflation in connection with declining property values (finding that plaintiffs had standing to file claims).
• Kelly v. Beazer Homes USA, Inc., 552 Fed. Appx. 666 (9th Cir. 2014) Affirmed dismissal of class-action lawsuit filed against homebuilder alleging misconduct and price inflation in connection with declining property values (finding that plaintiff’s claims were barred as a matter of law).