Kevin R. BrodehlAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4727
VCARD:
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Profile

Kevin is a partner in Wendel Rosen’s litigation department.  He takes pride in working closely with clients to diagnose, solve, and win high-stakes disputes from the pre-litigation stage through trial, arbitration, and appeal. 

His distinguished track record of success in courtrooms across California started early -- he won his first trial the day after he was licensed as an attorney, won his first appeal three years later, and has served as lead counsel in an array of complex cases ever since.

REAL ESTATE AND SECURED LENDING DISPUTES

Kevin handles disputes over “Money and Dirt” and also runs a blog by the same title – http://moneyanddirt.com/

He works with diverse real estate clients (owners, developers, investors, LLCs, REITs, corporations, partnerships, and public agencies) to help solve all types of problems.  Cases often involve broken contracts (development agreements, purchase and sale, options, leases), title and title insurance issues, easements, and eminent domain.

Kevin also specializes in secured lending disputes.  He represents a mixture of private lenders and sophisticated borrowers/guarantors to resolve disputes involving loan default, receivership, foreclosure, and lien/priority issues. 

As an Adjunct Professor at U.C. Berkeley School of Law in 2016, Kevin taught Real Estate Transactions and Litigation to advanced JD and MBA students, and he is a regular seminar speaker on real estate and secured lending issues.  He is also an Annual Update Author for CEB’s leading treatise “Mortgages, Deeds of Trust, and Foreclosure Litigation.”

APPEALS

Clients and other attorneys often retain Kevin to guide cases through appeal.  He has argued in appellate courts throughout the State, and has notched several published, precedent-setting victories.

Kevin served as President of the Appellate Section of the Contra Costa County Bar Association from 2004 to 2007.

BUSINESS DISPUTES AND COUNSELING

Kevin also provides litigation and risk-avoidance advice (involving contracts, ownership interests, fiduciary duties, and trade secrets) to companies in California’s emerging industries, including Technology, Health Care, and Cannabis.

Experience

Real Estate Litigation:

  • Represented secured note buyer and private money lender/servicer asserting claims against neighboring commercial property owners for breach of common area deed restrictions (CC&Rs) impacting use and value of security property obtained through foreclosure. Case settled with favorable buyout of client’s property.

  • Represented public agency in hotly contested eminent domain proceedings involving valuation of mineral interests and real estate condemned for right of way expansion. Case settled just weeks before trial for less than half of demand.

  • Represented national, publicly traded health care REIT and its local subsidiary in dispute with master tenant of skilled nursing home facility. Obtained quick, favorable settlement giving control of facility to new master tenant chosen by client.

  • Represented founding member of real estate investment LLC in case alleging breach of fiduciary duties against other founding members who abandoned client to participate in new REIT enterprise. Case settled successfully

  • Defended a Delaware "series LLC" operating cell tower portfolio in an action by landowner alleging breach of tower lease. Took over case after entry of adverse judgment. Defeated post-judgment "alter ego" motion in the trial court, prosecuted appeal, and achieved settlement that directed previously untapped insurance funds to pay off entire adverse judgment and provide additional six-figure recovery to client.

  • Lead trial attorney representing apartment building owner/operator in a jury trial defending claims of fraud and statutory violations related to a condo condominium conversion. Settled after jury selection and before opening statements for only 2% of the plaintiff's initial demand.*

  • Quarterbacked appeal team effort on behalf of a Northern California County to enforce contractual and regulatory rights over agricultural land governed by the California Land Conservation Act (Williamson Act). Obtained complete reversal of trial court’s adverse judgment, which resulted in a published appellate decision – County of Humboldt v. McKee (2008) 165 Cal.App.4th 1476. Also secured dismissal of opponent’s related appeal, and prevailed on a writ of mandate shaping trial court proceedings on remand.*

  • Defended a commercial real estate owner from claims that it breached a contract to sell its commercial property by proving that the contract was illegal and unenforceable under the California Subdivision Map Act. The court of appeal affirmed the trial court’s judgment in favor of client in a published decision – Sixells, LLC v. Cannery Business Park (2008) 170 Cal.App.4th 648.*

  • Lead trial attorney in binding arbitration representing a real estate development company and ground lessee seeking to exercise an option to purchase commercial property. Obtained award enforcing the option (defeating claims of invalidity) at less than half the “fair market" price demanded by seller.*

  • Co-chaired one-week arbitration defending homebuilder from fraud claims by a group of homeowners. After lengthy cross-examination of the plaintiff’s chief expert witness, and direct examination of the chief defense expert, the case settled quickly and favorably, with insurance funding most of the settlement.*

 

Secured Lending Litigation:

  • Lead trial attorney for private money lender in U.S. Bankruptcy Court trial against debtor LLC regarding default interest under debtor's confirmed bankruptcy plan. Prevailed at trial and secured dismissal of appeal.

  • Represented debtor probate estate defending claims by bank seeing nearly $3 million for defaulted development loan. Prevailed on appeal of adverse judgment. After remand, prevailed on motion for summary adjudication, leading to a settlement totaling only 2% of amount demanded by bank.

  • Lead trial attorney representing real estate developer and also mezzanine lender in wrongful foreclosure claims against senior lender. Took over case after trial had already started; settled case favorably. Prevailed in later appeal regarding the settlement.

  • Represented master developer LLCs implementing $100+ million downtown development in claims against major bank and national REIT development partner involving bank's attempted (but halted) “receiver sale.”

  • Lead trial attorney representing manager of private money lender LLC defending claims by LLC member based on fiduciary duties. Defeated two claims pre-trial; obtained dismissal of final claim on third day of trial.

  • Represented private money lender/servicer defending claims by rogue investor who wired funds into loan transaction escrow without signing participation agreement. Settled case favorably before trial.

  • Represented global agribusiness lender pursuing $100 million fraud and fiduciary duty claims against another global bank involving the purchase of bad syndicated loan debt. Obtained appellate reversal of the lower court’s adverse judgment.*

  • Lead appellate attorney on numerous appeals involving secured lending and foreclosure.

 

Business and I.P. Litigation:

  • Represented a regional franchisee of a major real estate brokerage in a case alleging trade secret theft. Case settled early and favorably, with all claims being dismissed in exchange for no monetary compensation.

  • Represented online media company in case alleging breach of online advertising contract by a “big data” platform company. Case settled successfully at mediation.

  • Represented three public agencies in sales and use tax allocation dispute with Board of Equalization. Prevailed in obtaining writ of mandate from the trial court.

  • Lead trial attorney in a two-week jury trial prosecuting a Uniform Commercial Code promissory note case; obtained judgment and “prevailing party” attorney fee awards totaling $2.6 Million.*

  • Lead-author of amicus curiae brief filed by major Taiwan and U.S. Wi-Fi manufacturers (and joined by Microsoft Corporation) in the U.S. Court of Appeals for the Federal Circuit in a closely watched patent infringement case.*

  • Represented an industrial component distribution company and its chief executive accused of trade secret misappropriation. Defeated motions for temporary restraining order and preliminary injunction, resulting in quick settlement for a small fraction of the original demand.*

  • Defended a print brokerage company accused of misappropriating trade secrets and driving a vendor into bankruptcy by hiring the vendor’s key employees. Defeated RICO claim on demurrer. Depositions and motion work set the stage for favorable settlement with an insurance company funding the majority.*

 

 



*Work done while at prior firm.

Publications

Available Articles:

Money and Dirt: A blog on legal issues impacting California real estate investment, development, and secured lending.

  • “Beware the ‘Security Side Deal’ in Multi-Debtor Real Estate Secured Obligations: First California Bank v. McDonald,” co-author with Charles Hansen, California Real Property Journal — Vol. 33, No. 3, 2015
  • [Part 2] “Receiver’s Sales – Mirage and Major Hazard for Both Lenders and Receivers," co-author with Charles Hansen, Receivership News, Summer 2012
  • [Part 1] “Receiver’s Sales – Mirage and Major Hazard for Both Lenders and Receivers,” co-author with Charles Hansen, Receivership News, Spring 2012
  • "Ninth Circuit Cases Offer Guidance on Trademark Rights," Wendel Rosen Client Update, July 29, 2010
  • "Court of Appeal Serves Slice of Justice, Rejects Trade Secret Misappropriation Liability for End User of Stolen Source Code, Analogizing Software to Pie," Wendel Rosen Client Update, June 1, 2010
  • "Trade Secret Litigation - Developments in March 2009," Wendel Rosen Client Update, April 6, 2009
  • "California Supreme Court Invalidates Most Non-Competition Agreements," Wendel Rosen Client Update, August 12, 2008
  • "A Lie is a Lie: California Supreme Court Allows Tort Recovery for Fraud During the Performance of a Contract," author, Contra Costa Lawyer, June 2005

 

Affiliations

Adjunct Professor at U.C. Berkeley School of Law (2016)

Commercial Real Estate Development Association (NAIOP)

California Mortgage Association (CMA)

International Right of Way Association (IRWA)

East Bay Economic Development Alliance

    East Bay Trusts and Estates Lawyers Association
  • Board Member

    • East Bay Estate Planning Council
      • Litigation Section, member
      • Intellectual Property Section, member

      California Bar Association
        • Litigation Section, member
        • Committee on Civil Jury Instructions

      Contra Costa County Bar Association
      • Appellate Section, President (2004-2007)

      First District Court of Appeal Community Outreach Program
      • February and October, 2006
Presentations

Featured Presentations:

  • Adjunct Professor of Law, U.C. Berkeley School of Law, Real Estate Transactions and Litigation (Fall 2016) 
  • Adjunct Professor of Law, John F. Kennedy School of Law, Appellate Advocacy (Fall 2006)
  • "The Effective Appeal - Putting Punch in Your Briefs and Oral Arguments," co-panelist (with Justice Simons, Justice Stein and Myron Moskovitz), Contra Costa County Bar Association, November 2009
  • "Protecting the Record During Trial," panelist, Contra Costa County Bar Association, September 2008
  • "Stays Pending Appeal," roundtable moderator, Contra Costa County Bar Association, March 2005
  • "Winning Your Appeal During the Trial: Preserving the Record and Identifying Appealable Orders," co-presenter, Contra Costa County Bar Association, March 2004

 

Recognitions
  • Selected for inclusion in Northern California Super Lawyers magazine, 2012-2017