Erika J. Gasaway

Erika J. Gasaway

Erika Gasaway, an Associate in the San Jose office of Hopkins & Carley, is a member of the Real Estate and Financial Institutions & Creditors’ Rights Practice Groups. 

She represents and advises clients on a range of complex high-stakes commercial litigation matters with a focus on banking, real estate, contracts, employment, and commercial matters, including:

  • Easements
  • Leases
  • Purchases and options to purchase
  • Real estate broker commission disputes
  • Partitions
  • Civil enforcement proceedings
  • Prejudgment actions to recover assets or impose liens
  • Judicial and non-judicial foreclosure of real property and personal property collateral
  • Receiverships

A graduate of the Leadership San Jose class of 2015, Erika has been recognized by Super Lawyer Magazine as a Northern California Rising Star for the past four years. 

  • Succeeded in a bench trial on behalf of a lender against a commercial borrower and individual guarantors who defaulted on a Small Business Administration loan.
  • Represented a homeowner in a dispute with his tenant-in-common regarding use of the property and cross-complaints for partition by sale.  Successfully negotiated the installment of a referee to resolve the disputes over improvements and sale of the property.
  • Represented a property owner against a commercial tenant’s attempt to enforce an arbitration clause and exercise an option to purchase in a commercial lease. Assisted in negotiating a solution that avoided the arbitration clause, which enabled the parties to negotiate a sale price. 
  • Represented a lender against a commercial borrower and guarantors in default to sell multiple parcels of real property and apply the proceeds to satisfy a portion of the indebtedness.  Successfully negotiated solutions with junior lien holders, escrow officer, and borrower that protected the client’s interests while allowing the complex sales.

Publications

  • “Full Credit Bid Causes Loss of Insurance Proceeds,” Hopkins & Carley Creditor’s Rights Advisory, November 24, 2014
  • “Governor’s Proposal to Shutter California’s Redevelopment Agencies Warrants Review of Existing Agreements,” Bingham.com, Co-author, February 9, 2011

Speaking Engagements

  • “Commercial Leasing:  Trends in 2016,” Hopkins & Carley Real Estate Briefing Series, April, 2016
  • Rotary Club of San Jose, Member
  • Santa Clara County Bar Association Women Lawyers Section
  • Historical Museum & Ainsley House in Campbell, California
  • State Bar of California (2009)
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Southern District of California
  • J.D. (Magna Cum Laude), Santa Clara University School of Law
  • B.A., University of California, Davis

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