Education

J.D., cum laude, Georgetown University Law Center
B.A., cum laude, Princeton University

Bar Admissions

California
Virginia

Court Admissions

4th and 9th U.S. Circuit Court of Appeals
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California

Services

Industries

Memberships

NAIOP
San Diego Building Industry Association, Builders' Resource Council
San Diego Building Industry Association, Public Policy Committee

Matthew J. Marino

Partner

For nearly two decades, Matthew Marino has helped large developers, commercial landlords, property and asset managers, and his other clients plan and act on strategic solutions to complicated lawsuits, as well as address everyday operational issues, such as landlord-tenant conflicts, insurance coverage and recovery, ADA accessibility, and more. Matt also serves as the firm's Associate General Counsel, providing critical risk management functions for the firm.

A pragmatic, business-forward litigator, Matt is a quick-study, able to isolate—and resolve—the critical issues that create contentious problems associated with shopping centers, office towers, and other commercial, residential, and industrial properties.

Matt has practiced and appeared in courts, arbitration proceedings, and mediations throughout California, including San Diego, Orange County, Los Angeles, San Francisco, Oakland/Alameda, Sacramento, and Imperial County. In addition to real estate- and business-related litigation, he is a savvy counselor in legal risk management and a formidable advocate in defending professional and legal malpractice claims.

Efficient Yet Prepared to Defend

First and foremost, Matt knows that his clients prefer to avoid litigation, particularly when positive results aren’t guaranteed. He places a high priority on relieving such uncertainty by rejecting adversarial positions except when needed to further his clients' goals. In which case, he is well-prepared and willing to fight his clients' battles through litigation. When litigation becomes necessary, Matt is experienced enough to know the available options and flexible enough to set them in motion.

Matt’s approach ensures that his clients get the best shot at avoiding disruptive and risky court procedures, but also to succeed in disputes when necessary to vindicate his clients' rights. This approach helps clients take the shortest possible route to resolution, so they can get back to doing business.

Accessible and Practical

To support efficiencies, Matt is honest with clients about potential trial costs and outcomes—what it will take to win and the pain involved. He lays out the pros and cons of each step, making sure client decisions are fully informed. He makes it a practice to communicate with a purpose, giving clients an accurate record of how a matter is advancing. A real time-saver for clients, as they can quickly go back to the last communication and know exactly where they stand and what is up next.

Throughout each engagement and beyond, Matt remains very accessible. His work product is crisp and well thought-out, enabling opposing parties and judges to quickly grasp the essential issues, accurately consider his client’s position, and bring cases to a swifter conclusion.

Representative Work

Matt’s experience is comprehensive and diverse.

In retail and office landlord-tenant litigation, he handles tenant defaults, unlawful detainers, tenant use, common area disputes, shared maintenance expense disagreements, ADA accessibility problems, and exclusive use issues, among others. In day-to-day operational matters, he takes calls on everything from tenants not getting along and tenant non-compliance, to lease violations, construction matters, and insurance. He thoughtfully helps his clients understand how their lease applies in any given situation and guides proactive business solutions.

Matt has particular experience handling First Amendment expressive activity matters for large shopping centers and has successfully resolved complex lawsuits relating to "time, place, and manner" restrictions on expressive activity. He also helps property owners and managers without rules and procedures set up a legally sound policy for expressive activity, making them less vulnerable to such lawsuits.

In addition to this work for his real estate clients, Matt also represents professionals and law firms in malpractice actions and business disputes, merging his knowledge and experience as both a risk manager and a litigator to both defend his clients and drive effective solutions to prevent future claims.

Community

Matt is a frequent speaker at client and industry events, including Bisnow and IMN programs, covering topics relevant to property owners. He sits on numerous advisory boards, including the Builders Resource Council and Public Policy Committee of the San Diego Building Industry Association.

Before joining Allen Matkins, Matt practiced law in Washington, D.C., where he focused on the defense of government regulation and enforcement actions.

In his spare time, Matt is a volunteer umpire for numerous local Little Leagues and the District 31 post-season tournament, the first step to the Little League World Series. Matt was the winner of the District 31 John Coffey Award in 2016, recognizing his dedication and pursuit of excellence in volunteer umpiring.

Efficient Yet Prepared to Defend

Accessible and Practical

Representative Work

Matt’s experience is comprehensive and diverse.

Community

Before joining Allen Matkins, Matt practiced law in Washington, D.C., where he focused on the defense of government regulation and enforcement actions.

Landlord/Tenant and Retail Matters

Retail. Represented Los Angeles retail landlord seeking injunction against disruptive expressive activity.
Retail. Represented major San Diego shopping center against claim regarding constitutionality of expressive activity rules.
Retail. Represented retail landlord in dispute with adjacent owners regarding noise.
Retail. Represented major Los Angeles shopping center in dispute with "big box" tenants regarding maintenance expenses and construction work.
Retail. Represented major Los Angeles and San Diego shopping centers regarding claims and disruption in connection with "flash mob" car show.
Mixed-Use. Represented commercial landlord in cost and maintenance dispute with hotel owner in mixed-use development.
Industrial. Represented industrial landlord in tenant dispute regarding permitted uses.
Retail. Represented retail landlord in dispute with neighboring parcel owner regarding shared maintenance obligations.
Retail. Represented retail tenant in dispute with landlord regarding excessive administrative expenses.
All Landlords. Represented numerous commercial and retail landlords in hundreds of unlawful detainer and collection actions, often with over $1 million in dispute.
All Landlords. Assisted and advised commercial and retail landlords regarding property management policies and drafting of policy manuals.

Real Property Purchase

Condominium Developer. Defended national condominium developer in class action consumer fraud matters alleging misrepresentation of size of condominium units.
Condominium Converter. Defended condominium converter in arbitration regarding alleged misrepresentations regarding excessive noise.
Condominium Developer. Advised condominium developer regarding sale and auction of condominium unit inventory, including review of contracts and disputes with buyers.
Developers. Defended developers in purchase deposit disputes.
Bank. Defended foreclosing bank regarding alleged misrepresentations in REO sales.
Condominium Developer. Represented developer in removal of lis pendens preventing sale of millions of dollars in condominium unit inventory.

Construction Defects and Insurance

Condominium Converter. Defended developer of San Diego condominium conversion project in class action by over 200 homeowners asserting construction defects.
Condominium and Home Developers. Defended numerous developers in construction defect action by individual owners and homeowners associations regarding new high-rise construction.
Condominium Developer. Defended developer of condominium project in defect action by homeowners' association in historically designated project.
Condominium Converter. Defended developer of Los Angeles condominium project in defect action in historically designated property previously converted from industrial use.
Condominium Developer. Represented condominium developer against insurance company regarding claims for coverage and attorneys' fees.
Condominium Converter. Represented condominium converter regarding claims for wrongfully withheld coverage.

Construction Collection and Lien Enforcement

Retail Owner. Defended developer and owner of retail project in 18 separate consolidated lien foreclosure actions by general contractor and subcontractors.
Subcontractors. Represented subcontractors in numerous collection actions against general contractors and owners, both public and private.

Professional Malpractice

Law Firm. Represented large law firm in dispute with client principal and shareholder regarding alleged malpractice.
Law Firm. Represented large law firm against malpractice claim by disgruntled option holder in client entity.
Law Firm. Represented large law firm against malpractice claim by client's terminated CEO regarding employment and termination agreements.

General Business Matters

Law Firm. Defended large law firm in dispute with vendors regarding ESI services and misappropriation of firm's ESI data.
Manufacturing Corporation. Represented manufacturing corporation and its principal in prosecution of libel and slander action.
Hotel Developer. Defended hotel developer in dispute with loan broker regarding acquisition of debt and equity financing and payment.
Developers. Advised developer clients regarding homeowners' association board election issues.

Recent CCPA Developments: What you need to know about the Final Regulations and Preparing for July Enforcement

ACC San Diego

6.18.20
PCBC 2019

San Francisco, California

5.30.19
Legal Specialization Sections Lunch & Learn Webinar: Unlawful Detainers

Webinar

9.06.18
Bisnow’s State of San Diego Multifamily Market

San Diego, California

10.05.17
Bisnow's 2nd Annual San Diego Evolution of Downtown

San Diego, California

9.29.15
Bisnow's San Diego Multifamily Boom - 3rd Annual San Diego Multifamily Summit

San Diego, California

6.18.15
Bisnow's San Diego State of the Market

San Diego, California

3.12.15
Bisnow San Francisco's 4th Annual Multifamily & Affordable Housing Summit

San Francisco, California

10.29.14
Bisnow San Diego Multifamily Summit

San Diego, California

7.16.14
Five Critical Legal Issues for Commercial Landlords

San Diego, California

4.02.14
UCC (Uniform Commercial Code) Article 2 Selected Issues and Cases

Mountain View, California

8.19.10
ULI San Diego and Tijuana - Lease Workouts and Lease Default Remedies

San Diego, California

6.16.09
Lease Workouts and Lease Default Remedies

San Diego, California

3.18.09

Top Ten Ways That the New CPRA Law Will Change the Privacy Landscape

11.17.20
Five Things to Do Now to Prepare for the CCPA Enforcement Deadline on July 1, 2020

5.21.20
Mitigating Cybersecurity Risks In Remote Work Environments

5.18.20
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
Demand For Multifamily Is High In San Diego, Yet It's a Challenge To Develop More

Matthew J. Marino in Real Estate Bisnow San Diego

Press Mention

10.18.17
California Supreme Court Issues Critical Opinion Regarding Structure and Language of Contractual Attorneys' Fees Provisions

8.09.17
Five Holiday Season Tips for Retail Landlords

10.13.16
Why SD's Top Developers Aren't Worried About a Downturn

Matthew J. Marino in Real Estate Bisnow San Diego

Press Mention

10.02.15
Kilroy's Fight for One Paseo

Matthew J. Marino in Real Estate San Diego Bisnow

Press Mention

3.18.15
Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

1.21.15
Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

10.23.14
Tough But Rewarding Times for Multifamily

Matthew J. Marino in Real Estate Bisnow San Diego

Press Mention

7.17.14
Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs

8.16.12
For Housing Developers Seeking Enforcement of ADR Provisions, the Line Forms at the Rear

7.30.12
Certification of Unfair Competition and False Advertising Claims

By Matthew Marino in The Daily Journal

2.28.12
California Court of Appeal Issued Another Decision Invalidating an Alternative Dispute Resolution Provision in CC&Rs

This alert applies to any company that develops, constructs or sells residential housing in California.

11.17.11
Allen Matkins Elects Matthew Marino and Emily Murray to Partnership

New Partners Based in Firm's San Diego and Los Angeles Offices

Press Release

3.30.11
Certification of Unfair Competition and False Advertising Claims

By Matthew Marino in the Daily Journal

Article

2.28.11
Lease Workouts in Troubled Times - Handling Tenant Defaults

By Matthew J. Marino

Article

3.01.09
Errors in Arbitration Clause Expose Developer to Significant Costs

Arbitration is a favored method of resolving disputes, but in Bruni, the developer made errors that prevented it from reaping the benefits of arbitration, and may expose the developer to significant costs, fees, and additional damages from a jury trial that could have been avoided.

5.27.08
Errors in Arbitration Clause Expose Developer to Significant Costs: Fourth District Refuses to Enforce Arbitration Clause in Construction Defect Action

By Matthew J. Marino

Article

5.27.08
The Plastic Empire: Regulation of Credit Cards and Online Gaming

By Matthew J. Marino in The Gaming Lawyer

Article

7.01.02
The Plastic Empire: Regulation of Credit Cards and Online Gaming

By Matthew J. Marino in The Gaming Lawyer

Article

6.01.02
Virtual Vigorish: Jay Cohen, Internet Wagering, and the Wire Act

By Matthew J. Marino in The Gaming Lawyer

Article

7.01.00

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