Real Estate

CHAIR

Myers, Daniel B.

510.834.6600 T

510.808.4678 F

Overview


The real estate group at Wendel Rosen represents a wide range of corporate, public entity, business and individual clients in all aspects of real estate matters. We speak, write and teach on the latest developments in real estate law. Our clients benefit from our large network of contacts throughout the industry.

They also benefit from our deep experience in handling all aspects of real estate transactions and litigation. Our 360-degree view of the real estate industry affords us with insight for landlords and tenants, retailers, developers and lenders, contractors and architects, brokers and owners. Our cross-disciplinary practice serves to provide you with a wealth of legal acumen for a broad range of property types and issues. Working with other firm practice groups, such as our business, land use, construction, bankruptcy, trusts and estates and environmental groups, we can handle the most complex issues pertaining to real property matters.  

By selecting Wendel Rosen, you will get the right combination of transaction and litigation attorneys in a quality team custom-fit to meet your needs.

Wendel attorneys have considerable experience in all aspects of real estate matters including:

  • Commercial, office, industrial and retail leasing
  • Ground leases
  • Acquisitions and sales
  • Complex financing and deal structuring
  • Security instruments
  • Escrow & title matters
  • Boundary and easement matters
  • Brokerage agreements
  • Land use, permitting & entitlements
  • Rezoning & reuse
  • Real estate litigation & disputes
  • Subdivisions
  • Covenants, conditions & restrictions (CC&Rs)
  • Homeowners associations
  • Disabled Access Counseling
  • Eminent domain
  • Real estate insurance coverage


Experience
  • Assist retailers in acquisitions of stores and chains from other retailers.

  • Developed and directed implementation of systems for efficiently handling a large portfolio of lease transactions for fast-growth retailers

  • Negotiate leases for high-end U.S. retail mail and street front locations for a large London, England-based apparel retailer.

  • Handle complex real estate acquisitions and lease transactions for regional industrial/office developer.

  • Represent regional banks in loan enforcement, foreclosures, workouts and disposition of REO

  • Engaged as an expert consultant and witness in a case involving a multi-million dollar transaction challenged by the IRS as a “bogus optional basis tax shelter in which the partnership had allegedly used an Internal Revenue Code Section 754 election to inappropriately increase the basis of its property”. The case was resolved in the client’s favor.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use center, which included a jazz museum, condominiums, restaurants and parking.

  • Negotiated acquisition of adjacent surplus land from neighboring public entity to allow clients to maintain and expand their yard and create buffer from incompatible uses

  • Represented 24 Hour Fitness in lease transactions throughout California.

  • For national home improvement chain, represented client on leases for new locations and assisted the company in renegotiating leases during bankruptcy proceedings.

  • Obtained dismissal of federal RICO class action alleging that residential property manager improperly withheld tenant security deposits.  Subsequently settled related state court class action entirely through insurer contributions.

  • Tried to successful conclusion homebuilder’s claims against neighboring gun club for trespass and nuisance, obtaining $2.3 million judgment and permanent injunctive relief.  Successfully defended judgment on appeal.

  • In re Gloria Rosales, administrative hearing, real estate licensing complaint.

  • Won summary adjudication that hard-money lender’s loan to elderly widow violated California’s Anti-Predatory Lending Law.

  • Obtained dismissal of suit against national fitness center alleging breach of purported contract to operate spa on fitness center premises.

  • Represented national food manufacturing company in office and industrial lease transactions across the country, as well as in the sale of industrial, warehouse and manufacturing facilities. Some purchasers continue to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Represented craft brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

  • Represented landowners in sales of vacant land to homebuilders for development. Representation included monitoring of entitlement process for development projects.

  • Represented a wide spectrum of retailers in leasing transactions in shopping centers, power centers, strip malls and stand-alone locations in California.

  • Negotiated leases for restaurant owners throughout the Bay Area.

  • Negotiated leases for operators leasing commercial kitchens in the East Bay.

  • Represented world's largest privately owned health and fitness center chain in lease transactions throughout California.

  • Represented regional hardware and garden company in leases for new locations and assisted the company in renegotiating leases during bankruptcy proceedings.

  • Represented national pet food and food manufacturing company in office and industrial lease transactions across the country. Also represented company in the sale of industrial, warehouse and manufacturing facilities – some purchasers continued to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Represented craft-brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

  • Represented regional water company in evaluation, entitlement/disposition strategy and negotiation for sale of surplus properties throughout the Bay Area, including the sale of surplus properties in Pleasanton for over $100 million and surplus properties in South San Francisco for over $21 million.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use Fillmore Heritage Center (Center included jazz museum, condominiums, restaurants and parking).

  • Represented a Northern California county in numerous transactions disposing of surplus properties, including the sale of a 30-acre parcel to private developers for an auto mall, which included access easements and other documentation related to the sale.

  • Represented a California city in the subdivision of a city-owned garage and retail development in downtown. Following the subdivision, the city sold the retail portion of the development to a private party, while retaining the parking garage. Representation included advising the city of the subdivision process, overseeing the subdivision of the property and preparing covenants, conditions and restrictions for the property.

  • Represented building developer in copyright infringement action involving architectural drawings.

  • Representing trustee in eminent domain litigation involving potential inverse condemnation issues and extent of harm to retained property.*

  • Representing purchaser of San Francisco apartment building in litigation arising out of mismanaged real estate transaction.*

  • Represented various national retailers in lease disputes regarding issues including presence of anchor tenants, use of common spaces, and indemnification.*

  • Represented craft brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

Attorneys
  • Myers, Daniel B.
    Chair
    vcard
  • Ankenman, C. Gregg
    vcard
  • Brodehl, Kevin R.
    vcard
  • Ciochon, Carl D.
    vcard
  • Clifford, Anagha Dandekar
    vcard
  • Cohen, Joshua D.
    vcard
  • Cramer, Steven J.
    vcard
  • Curtin, Patricia E.
    vcard
  • Dambrov, Matthew E.
    vcard
  • Dean, Michael A.
    vcard
  • Epstein, Mark D.
    vcard
  • Flor, Albert, Jr.
    vcard
  • Green, Tracy
    vcard
  • Hansen, Charles A.
    vcard
  • Hausrath, Les A.
    vcard
  • Israels, Sidney A.
    vcard
  • Lind, Howard W.
    vcard
  • Mintzer, Pamela Schock
    vcard
  • Morger, Steven M.
    vcard
  • Palmer, Thomas A.
    vcard
  • Parish, Neal A.
    vcard
  • Redding, Jonathan W.
    vcard
  • Wasserman, R. Zachary
    vcard
  • Waxman, Richard P.
    vcard
  • Williams, Timothy S.
    vcard
  • Williams, Todd A.
    vcard
Resources
Industry Groups

Our attorneys participate in and serve in leadership positions in numerous legal and real estate industry groups including:

  • American College of Real Estate Lawyers
  • Building Industry Association of the Bay Area
  • California Building Industry Association
  • National Association of Home Builders
  • HomeAid
  • California Business Properties Association
  • Commercial Real Estate Women
  • International Association of Shopping Centers
  • National Retail Tenants Association
  • State Bar of California, Real Property Law Section
  • Urban Land Institute
     

In addition, firm attorneys are active in numerous organizations dedicated to construction trades, green building and related fields.