Legal Analysis
Tenant Eviction Act: New California Rent and Eviction Control Protections
December 13, 2019
Peter Catalanotti defends licensed California professionals in civil lawsuits and administrative claims, including real estate brokers, appraisers, lawyers, insurance agents, accountants, engineers, architects, contractors, subcontractors, and miscellaneous professionals and quasi-professionals (principally health care workers). In addition, Peter provides risk management lectures and acts as a private discovery referee for civil cases.
Peter represents employers in discrimination, wage-and-hour and related lawsuits in state and federal court, as well as in administrative claims through the California Civil Rights Department (formerly, the California Department of Fair Employment and Housing), the EEOC and the Department of Industrial Relations (Labor Commissioner).
Finally, Peter represents engineers, architects and general contractors in construction defect cases and lawyers in legal malpractice cases. He also has experience handling partnership disputes, directors and officers litigation, and securities litigation.
Lawyers Malpractice
Peter has been named a Certified Legal Specialist in Legal Malpractice by The State Bar of California Board of Legal Specialization. He represents California lawyers in legal malpractice claims, lawsuits and arbitrations, as well as partnership disputes. Peter has been successful at having malpractice lawsuits dismissed at the pleadings stage based on the applicable statute of limitations. If the claim or case is within the statute, Peter immediately focuses directly on the underlying case to determine whether the claimant or plaintiff will be able to prove their “case within the case.” At the same time, Peter works to ascertain the potential damages at an early stage to determine whether settlement is possible.
Real Estate Broker Defense
Peter, a licensed real estate broker, has specialized experience representing real estate brokers over the past 17 years in residential and commercial property disputes. Peter’s cases include defending brokers in cases involving nondisclosure, negligent misrepresentation, intentional misrepresentation, breach of fiduciary duty, title issues and zoning problems. He also represents property managers and leasing agents in disputes with tenants and landlords. Peter is a member of the California Association of Realtor’s Strategic Defense Counsel Panel.
Commercial Litigation
Peter has represented for-profit and nonprofit directors and officers of companies in partnership and shareholder disputes, including breach of contract claims. He has represented company officers in litigation filed against the individual officers, the governing board and the entity itself. Peter also has advised clients in securities litigation.
Peter Catalanotti defends licensed California professionals in civil lawsuits and administrative claims, including real estate brokers, appraisers, lawyers, insurance agents, accountants, engineers, architects, contractors, subcontractors, and miscellaneous professionals and quasi-professionals (principally health care workers). In addition, Peter provides risk management lectures and acts as a private discovery referee for civil cases.
Peter represents employers in discrimination, wage-and-hour and related lawsuits in state and federal court, as well as in administrative claims through the California Civil Rights Department (formerly, the California Department of Fair Employment and Housing), the EEOC and the Department of Industrial Relations (Labor Commissioner).
Finally, Peter represents engineers, architects and general contractors in construction defect cases and lawyers in legal malpractice cases. He also has experience handling partnership disputes, directors and officers litigation, and securities litigation.
Peter Catalanotti defends licensed California professionals in civil lawsuits and administrative claims, including real estate brokers, appraisers, lawyers, insurance agents, accountants, engineers, architects, contractors, subcontractors, and miscellaneous professionals and quasi-professionals (principally health care workers). In addition, Peter provides risk management lectures and acts as a private discovery referee for civil cases.
Peter represents employers in discrimination, wage-and-hour and related lawsuits in state and federal court, as well as in administrative claims through the California Civil Rights Department (formerly, the California Department of Fair Employment and Housing), the EEOC and the Department of Industrial Relations (Labor Commissioner).
Finally, Peter represents engineers, architects and general contractors in construction defect cases and lawyers in legal malpractice cases. He also has experience handling partnership disputes, directors and officers litigation, and securities litigation.
Stephanie Yee (Associate-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) secured dismissal of a highly contested legal malpractice action in the U.S. District Court, Northern District of California, on a special motion to strike (anti-SLAPP) filed on behalf of Wilson Elser’s attorney clients. In support of their motion, Stephanie and Peter successfully argued that the attorneys’ conduct constituted protected speech and warranted dismissal at the pleading stage. After taking the motion under submission for many months, the judge dismissed all claims against our clients and set a briefing schedule for an attorney’s fees motion.
Stephanie Yee and Peter C. Catalanotti
San Francisco associates Quincy Pham and Stephanie Yee, along with partner Peter Catalanotti were successful at the California Court of Appeal in a contested legal malpractice case. The Court affirmed the trial court’s dismissal of the case based on a demurrer sustained without leave to amend.
Peter C. Catalanotti and Stephanie Yee
Quincy Pham (Associate-San Francisco) and Peter Catalanotti (Partner-San Francisco) had a demurrer sustained without leave to amend in the California Superior Court of San Francisco County, in a contested legal malpractice case brought against Wilson Elser’s attorney client. Notwithstanding having afforded the plaintiffs several opportunities to amend their complaint, the court agreed with Quincy and Peter’s arguments challenging the legal sufficiency of the complaint, sustaining their demurrer without leave to amend based upon the applicable statute of limitations, CCP Section 340.6, and dismissing the case.
Peter C. Catalanotti
Audrey Tam (Of Counsel-San Francisco, CA) and Peter Catalanotti (Partner-San Francisco, CA) had a demurrer sustained without leave to amend in a contested commercial real estate case. The plaintiff originally declared the named buyer as a plaintiff but later amended to include only the assignees as plaintiffs. On behalf of our commercial real estate broker client, Audrey and Peter filed a demurrer arguing that the assignees lacked standing to bring the claims. Notwithstanding plaintiffs’ arguments in opposition, the court sustained the demurrer, finding that the assignees themselves could not amend their allegations to alleviate their lack of standing and sustained the demurrer without leave to amend. Damages were estimated well into the hundreds of thousands.
Audrey Tam and Peter C. Catalanotti
San Francisco partners Peter Catalanotti and Madonna Herman joined forces with associates Quincy Pham, Inna Nytochka, and Mara Sackman to obtain dismissal of claims of professional negligence and misrepresentation against our broker client by a winery based in Napa, California. Our client had assisted the winery in procuring and renewing a series of insurance policies for several years. Following the Napa Valley wildfires in October 2017, testing of the winery’s grapes showed evidence of a defect called “smoke taint.” The winery waited until early Summer 2019 to reach out to the client regarding the possibility of filing a claim with the carrier, and until March 2020 to file a claim through their new broker. In granting the team’s motion, the Napa County Superior Court found that the client did not breach the heightened duty of care owed by an expert in insuring the winery industry, and the client did not make any of the false representations alleged. This decision was particularly crucial because the client’s insurance agent passed away early in our representation. The most recent demand before the Order was issued was $1.75 million.
Peter C. Catalanotti, Madonna Herman, Inna Nytochka and Mara Sackman
Peter Catalanotti (Partner-San Francisco, CA) and Audrey Tam (Of Counsel-San Francisco, CA) won summary judgment on a hotly contested legal malpractice case in Orange County Superior Court. Audrey’s Motion for Summary Judgment was granted based on statute of limitations grounds (CCP §340.6). Prior to the motion, the plaintiff’s demand was more than $700,000. The Court signed a judgment awarding approximately $16,000 in costs.
Peter C. Catalanotti and Audrey Tam
Peter Catalanotti (Partner-San Francisco, CA) and Quincy Pham (Associate-San Francisco, CA) defended a fiercely contested case filed by real property sellers against our real estate broker and agent clients. Quincy had a demurrer sustained without leave to amend on all causes of action. The sellers alleged professional negligence, breach of fiduciary duty, negligent misrepresentation, vicarious liability, promissory fraud, breach of contract, and breach of the implied covenant of good faith and fair dealing. After only the second round of demurrers, the court dismissed the case against our clients.
Peter C. Catalanotti
Peter Catalanotti (Partner-San Francisco, CA) and other members of the San Francisco Design Professionals Practice team secured a win on a summary judgment motion in the Northern District of California in a construction defect case. The plaintiffs/homeowners sued our structural engineer client for construction defects related to a $9 million property in Carmel, California. On behalf of our defendant/ engineer client, Peter and his team moved for summary judgment based on the 10-year statute of repose. The Court found that the plaintiffs failed to meet their burden that the claims against the structural engineer were timely.
Peter C. Catalanotti