Real Estate

Hopkins & Carley is a firm of choice for many of Silicon Valley's businesses and largest real estate owners, brokers, developers, lenders and builders, providing a full range of transactional, development and litigation services.

Depth of Services

Clients, such as business and property owners, tenants, asset managers, developers, contractors and lenders, rely on Hopkins & Carley’s counsel and advice for real property transactions, permitting, and litigation matters, due to our unique combination of industry knowledge and, counseling and litigation capabilities in:

  • Commercial leasing
  • Construction
  • Development
  • Entity formation
  • Hazardous substance contamination
  • Land use planning and permitting
  • Mobile home park conversions
  • Property tax matters
  • Protection of private property rights
  • Purchase and sale transactions
  • Real estate finance and loan documentation
  • Regulatory takings
  • Tax deferred exchanges

Transactional

  • Represented Landlord in multiple leases of space within Mid-Peninsula life sciences parks.
  • Represented pharmaceutical company in a series of acquisitions of properties on the Mid-Peninsula and in Southern California for creation of campuses, including construction of R&D, lab and manufacturing spaces.
  • Served as primary real estate counsel to Fortune 500 company in multi-million dollar Class A office leasing and subleasing both domestically (in states such as California, Florida, Utah, New York and New Jersey) and internationally (in countries such as England, Poland, Australia, Canada, Turkey and South Africa).
  • Represented owners in the disposition of a transit-oriented city block for residential development.
  • Represented thousands of tech tenants in leases of office space throughout California, particularly San Francisco and Silicon Valley.
  • Represented multi-state bank with more than 700 branches selling over $100 million in commercial properties.  Properties included vacant land, office properties, apartment buildings, retail space, industrial facilities and medical condominiums.
  • Represented Bay Area investment fund in acquiring and financing over $40 million of properties throughout the United States, including the purchases of retail malls and an office building in Seattle.
  • Represented local grocery store and national grocery chain in leasing and subleasing of their stores, including licenses for use of space within the stores.

Litigation

  • Defended property owner in a $5 million claim in a private enforcement action for alleged Coastal Act violations.
  • Successfully defended high tech startup company in a commercial eviction lawsuit brought by its landlord in San Francisco, claiming that the client’s office lease was illegal because the City of San Francisco’s zoning ordinances did not permit “office” use.  Client was awarded all of its fees and costs incurred in defending the eviction action in trial. 
  • Represented a shopping center commercial landlord in a settlement of $3.5 million after its anchor tenant, a major grocery chain, ceased operations and abandoned the premises. 
  • Negotiated the settlement of an acrimonious partnership dispute involving a series of tax-deferred exchanges.
  • Prevailed in representation of a real estate fund manager accused of fraud and concealment.
  • Successful in partition trial involving hundreds of acres of Redwoods affecting Butano State Park in San Mateo County.
  • Successfully represented a large utility client before the California Energy Commission. 
  • Prevailed in complex construction defect trial resulting in $7.5 million verdict plus attorney’s fees and interest.
  • Successfully defended a property owner against claims for easements by prescription and necessity.  Affirmed on appeal.

 

Lender Foreclosing On Leasehold Not Liable As Tenant Without Express Lease Assumption

A recent California court case underscores the need for a landlord to insist that a tenant's lender assume the lease following foreclosure, and simultaneously highlights an opportunity for a lender fo... Read more »

Risks of Accepting the Conditions of a Permit "Under Protest" If You Plan to Litigate

Accepting the conditions of a permit "under protest" and proceeding with the project while attempting to litigate the conditions can be risky. Read more »

Ninth Circuit Court of Appeals Broadens Landlord's Claims vs. Tenants in Bankruptcy

The Ninth Circuit Court of Appeals ruled that the statutory cap on a landlord's claims against a tenant arising from lease rejection in bankruptcy applies only to claims that result directly from the ... Read more »

Top Silicon Valley Construction Trends Affecting The Industry

Hopkins & Carley shareholder Eugene Ashley moderated Bisnow's recent panel on how innovations in technology are affecting the construction process. Read more »

Boon for Affordable Housing

A recent U.S. Supreme Court decision not to review a ruling from the California Supreme Court in Building Industry Association v. City of San Jose gives cities across the country a road map to use zon... Read more »

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