Real Property

  • Mediator

  • Arbitrator

  • Discovery Referee

  • Appellate Consultant

REPRESENTATIVE CASES

Hon. Maria P. Rivera  (Ret.)​
First District Court of Appeal

Types of Cases Handled:

• Breach of purchase and sale agreement
• Partition
• Failure to disclosure/fraud
• Commercial lease
• Ground lease (estate dispute)
• Boundary disputes 
• Unlawful detainer/eviction (commercial)
• Homeowners’ Associations
• Easements/licenses/express and implied
• Quiet title
• Ellis Act
• Wrongful foreclosure
• Condemnation/inverse condemnation
• Subdivision Map Act
• Development partnerships


Representative Cases:


  • Condominium owner's unit damaged by water intrusion from exterior. Parties disputed apportionment of costs to repair damage. Related disputes re: unpaid HOA dues, attorney fees, lost rent. HOA agreed to repair damage and waive past due HOA dues; owner agreed to waive claims for lost rent and attorney fees.


  • Plaintiff alleged that tenants breached the lease by moving out prior to the contractual ending date. Defendant's cross-claimed alleging failure to return portion of deposit and personal injury due to conditions on the premises.


  • Action by multiple tenants against landlord for failure to provide code-compliant units and for damages resulting from displacement from their residences.


  • Commercial landlord and tenant dispute relating to holdover, fixture removal and payment of utilities.


  • Broker sued seller for cancelling listing agreement before it expired; seller alleged that broker had improperly and negligently provided unlicensed and non-competent contractors to work on upgrades to residence in anticipation of sale, resulting in additional costs.


  • Parties were co-purchasers of property. Disputes arose re control of property and accounting. Partition action filed related claims and cross-claims for damages/reimbursements. Partial settlement: agreement reached regarding access issues, sale of property and escrow instructions.


  • Dispute about whether the city’s relocation assistance ordinance (which requires landlords who remove their properties from the rental market to pay tenants monetary relocation assistance regardless of the tenants’ financial need) violates the Ellis Act, either directly or by imposing a prohibitive price on the withdrawal of property from the rental market.

  • Dispute about whether Civil Code §2932.5 (requiring the assignee of a mortgagee to record the assignment before exercising the power to sell the property) applies to deeds of trust as well as mortgages.

  • Dispute between family members regarding funds taken from co-owned property lease payments. Issues included negotiations regarding re-payment of funds, management of lease operations going forward, use of residence on property, agreement regarding conservation easement, and rights of first refusal.

  • Condominium owner's unit damaged by water intrusion from exterior. Parties disputed apportionment of costs to repair damage. Related disputes re: unpaid HOA dues, attorney fees, lost rent. HOA agreed to repair damage and waive past due HOA dues; owner agreed to waive claims for lost rent and attorney fees.