LITIGATION & TRIAL EXPERTISE

Experienced Trial Lawyers Delivering Strategic Solutions

Drawing on decades of litigation and trial expertise, the seasoned team at Mashian Law Group (MLG) offers invaluable guidance in tackling formidable real estate and business litigation challenges to secure results aligned with our clients’ business objectives. Our deep understanding of the commercial real estate industry and commitment to creative problem-solving distinguishes MLG as a steadfast ally in resolving intricate real estate issues. This distinction provides a competitive edge, enabling us to handle diverse real estate disputes including purchase and sale agreements, partnership disputes, landlord-tenant conflicts, property damage, and broker disputes. Our litigators’ experience extends to business disputes for high-net-worth individuals, owners, developers, borrowers, landlords, and tenants, covering claims such as breach of fiduciary duty, buy and sell agreements, security enforcement, asset recovery and management. Known for our pragmatic and cost-effective approach, our decades of experience gives us the perspective to provide strategic input on the market, risk mitigation and out-of-the-box solutions.

Practice Areas

Buyer v Seller

  • Specific performance
  • Liquidated damages
  • Failure to perform
  • Delay or failure to close
  • Title issues
  • Difficulties in financing

Landlord v Tenant

  • Disagreements over the terms of a lease:
  • Operating expenses
  • Lease commencement dates
  • Tenant improvement
  • Options to extend
  • Assignment and sublease rights
  • Condition of premises
  • Maintenance/repair
  • Replacement obligations
  • Compliance with laws
  • Force majeure
  • Suits to enforce or defend a guarantee
  • Operational issues with properties under management

Owner v Broker

  • Commission disputes
  • Breach of fiduciary duty
  • Misrepresentation/failure to disclose
  • Environmental concerns

Broker v Broker

  • Commission disputes
  • Procuring cause
  • Referral fee agreement
  • Commission sharing agreements

Partnerships, Investors & Shareholders

  • Partition action
  • Accounting
  • Entity dissolution
  • Development disputes
  • Resulting trust

Lenders v Borrowers

  • Loan workouts
  • Loan restructuring
  • Forbearance agreement
  • Prepayment penalties
  • Suits to enforce or defend a guarantee

Bryan Mashian has been a cornerstone of the AIR CRE executive team for the past decade. As the head of our Contracts Committee, his expertise in drafting, updating, and refining our contracts is unmatched. Bryan is not only a legal expert but also a trusted resource for our members, offering guidance with a friendly and approachable demeanor through the Contracts hotline. Beyond his work with contracts, Bryan is a highly skilled transactional attorney and litigator, consistently showcasing professionalism, dedication, and a deep commitment to his clients and colleagues.

TIM HAYES
EXECUTIVE DIRECTOR
AIR CRE

Representative Experience

Broker’s Commission Recovered After 11-Day Jury Trial

Represented real estate broker to recover commission due under the listing agreement. Despite the broker procuring offers from multiple ready, willing and able buyers, seller refused to accept any of the offers or to pay the commission due broker. After an 11-day jury trial, our experienced attorneys prevailed and obtained a significant judgment for our client.

Release of $3+ Million Escrowed Funds Secured in Complex Commercial Property Dispute

When a multi-million-dollar purchase and sale of a commercial property in Los Angeles County fell apart due to “seller’s remorse,” the buyer’s money was tied up in escrow for over six months through no fault of his own. After our attorneys secured the release of the $3+ million stuck in escrow, we secured for our client a stipulated settlement against the seller before trial.

Iconic Jazz Club Saved: Our Firm’s Litigation Triumph Amidst COVID-19 Challenges

One of Los Angeles’ best-known jazz clubs needed to take aggressive action when its landlord tried to squeeze it out of its long-term location. Just as litigation was getting underway, COVID-19 hit, adding new and unforeseen complexities, including the complete shutdown of the club and a retaliatory eviction action. Our team rose to the challenge and secured our client a new lease and a settlement of all claims.

Multi-Million Dollar Breach of Contract Dispute Settled in Favor of International Business

Defended an international business that sells and maintains commercial non-coin multi-housing laundry equipment and also designs laundry systems for commercial and multi-unit residential applications in a breach of contract action filed in Federal Court. The amount in dispute was in excess of five million dollars. At mediation our lawyers settled the case saving our clients millions of dollars with a favorable outcome.

Fraud Allegations Dismissed: Owner of $18M Industrial Property Successfully Defended

Defended the owner of commercial real estate accused of fraud in the sale of an industrial property valued over eighteen million dollars. After winning a pre-trial motion, the plaintiff dropped all claims and reimbursed our client for their attorney’s fees.

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