Jeffrey R. Patterson

Real Estate Litigation

• Landowner/Developer. Action for partition of property in Carlsbad, California.
• Developer. Dispute over financing elements of development agreement.
• Shopping Center Owner. CAM dispute with major tenant.
• Landowner. Action to acquire adjacent land through eminent domain proceeding by redevelopment agency.
• Owner/Developer of Shopping Mall. Disputes with owner of hotel/casino in connection with bankruptcy case.
• Landowner. Alleged violation of CC&Rs and interference with development of adjacent property.
• Shopping Center Developer. Action to compel construction of new store and to recover delay damages.

Commercial Landlord/Tenant Litigation

• Landlord. Case involving breach of long-term ground lease and forfeiture of building.
• Landlord. $2.8 million breach of lease claim in general assignment for benefit of creditors and action on guarantees.
• Landlord. Action for breach of lease and fraud against tenant and its principal.
• Landlord. Action concerning early termination of lease to facilitate development of property.
• Landlord. Dispute with tenant over consent to sublease issues, ownership of trade fixtures, and claims of business interference.

Construction Litigation

• Supplier of Stone Tile. Defense of $10 million construction defect case arising from San Diego Airport expansion.
• Joint Venture Partner. Construction defect litigation brought by homeowners' association.
• General Contractor. Breach of contract and construction defect case against owner/developer.
• Land Purchaser. Dispute regarding construction defects and breach of contract.

Corporate and Business Litigation

• Water Softening and Filtration Company. Dispute with independent distributors for acquired bottled water company in San Diego, California.
• Publishing Company. Stock repurchase dispute.
• Broker. Defense of claims for unfair competition.

Water Rights Litigation

• Community-Owned Utility Company. Action to enjoin U.S. Dept. of Interior from reducing the company's water entitlement.
• Community-Owned Utility Company. Validation action concerning proposed water wheeling rates imposed by MWD for transfer of water through Colorado River Aqueduct.
• Community-Owned Utility Company. Petition to State Water Resource Control Board regarding proposed long-term transfer of 200 acre feet of water per year from the company to San Diego County Water Authority.

Bankruptcy, Receivership and Creditor Rights

• Federal Court Receiver. SEC enforcement action against company and individuals for securities violations and operating a $60 million Ponzi scheme.
• Federal Court Receiver. SEC enforcement action against telecommunications company and its principals for securities violations and misrepresentations to investors.
• Receiver. Actions filed by SEC and Dept. of Labor involving the liquidation of, claims administration for, and litigation involving an investment advisory company with $1 billion under management and more than $300 million in losses.
• Trust Deed Holder. Foreclosure action brought by redevelopment agency.
• Purchaser of Note and Deed of Trust. Relief from stay and equitable subordination actions in chapter 11 bankruptcy.
• Bank. Judicial foreclosure and breach of guarantee case. Obtained foreclosure of real property and $1 million deficiency judgment against guarantor.
• Judgment Creditor. Represented $5 million judgment creditor in chapter 11 bankruptcy of judgment debtor. Proposed creditor's plan forcing settlement for transfer and liquidation of all assets for benefit of client.
• Lender. Represented lender in $3 million foreclosure action on golf course and residential community.
• Pharmaceutical Company. Represented pharmaceutical company, as reorganized chapter 11 debtor, in licensing dispute with major research university.
• General Partner/Limited Partnerships. Represented general partner and 39 limited partnerships in contract, preference and fraudulent conveyance litigation against former general partner.
• Bank. Represented bank in defense of action by bankruptcy trustee to avoid $2,500,000 lien on Malibu property.
• Lender. Represented lender in judicial foreclosure/receivership case and borrower's Chapter 11 bankruptcy to obtain relief to foreclose on $30,000,000 deed of trust.
• Official Committee of Mechanic's Lien Creditors. Represented Official Committee of Mechanic's Lien Creditors in Chapter 11 bankruptcy involving the Steele Canyon Golf Course, residential lot and hotel development.
• Bankruptcy Examiner. Represented bankruptcy examiner in connection with sale of publishing company and litigation against former officers and fraudulent transferees.
• Bankruptcy Trustee. Represented bankruptcy trustee in fraudulent transfer and preference claims against company's former officers.
• Lender. Represented lender in case in which owner/borrower challenged the validity and priority of lender's $13,000,000 deed of trust.

Secured Loan and Guaranty

• Workout/Turnaround Company. Represented workout/turnaround company in New York lawsuit for interference with contract brought by secured lender to franchisees of national fast food chain.
• Lender. Represented lender with $5,000,000 secured claim in Chapter 11 bankruptcy.
• Lender. Represented lender in 21 judicial foreclosure/receivership cases involving over $100,000,000 in loans secured by apartment developments.
• Lender. Represent lender in action by borrower for breach of loan assumption obligations.
• Lender. Represent lender in action by borrower for breach of loan commitment.
• Lender. Represented lender in numerous judicial and nonjudicial foreclosure and receivership matters on commercial loans in excess of $1 million.