Trivino Perez & Associates, with nearly 20-years of Real Estate Litigation experience, has a record second-to-none. He has extensive experience in complex litigation involving real estate transactions and property disputes.
We have represented homeowners, businesses, landlords and tenants and claimants in a wide range of areas:
Landlords typically want to evict tenants who:
refuse to leave the property after expiration of a lease;
refuse to pay rent even after receiving a three-day notice to pay or
refuse to comply with a lease or rental agreement provision even
after receiving a notice to perform or quit;
cause a nuisance to neighbors;
commits waste to the property (i.e., causes damage);
maintains a nuisance;
engage in illegal activities on the property; and
remain in possession of the property after agreeing to leave.
(Code of Civ. Pro. § 1161.)
Tenants often are the victims of Landlord Tenancy Law abuse:
Unhabitable apartments and houses rented;
Landlord has refused to repair a material issue;
Landlord is harassing a Tenant;
Landlord has retaliated after a Tenant has complained;
The premises are unsafe and Landlord refuses to do anything about
Defective three-day notice to pay or quit;
Tenant in building is engaged in illegal activities on the property; and
The apartment or dwelling is an unpermitted garage conversion.
(Code of Civ. Pro. § 1942.)
Non-disclosure, false representation, and concealment are all forms of fraud that frequently arise in the context of real estate disputes. A defrauded party may sue for damages or rescission of the purchase agreement. (Wilke v. Coinway, Inc. (1967) 257 Cal. App. 2d 126, 136.) The elements are:
There was an intentional misrepresentation;
You justifiably relied on the misrepresentation; and
The misrepresentation caused damage.
(Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.)
Bad Faith Insurance
If your insurance company denies you coverage without, conducting a
proper investigation, you can hold your insurance company liable for “bad
faith insurance practice” or otherwise referred to as, breaching an implied
When multiple individuals own a property together, and one seeks to sell or
take his/her share, but the remaining co-owners are unwilling to do so, the
legal option available to the owner(s) is to file an action for partition of the
property. This is a process to have the court order the sale of the property,
after which the proceeds shall be divided among all of the parties.
When disputes arise between neighbors such as:
Build an unnecessarily high fence adjacent to your property;
Neighbor negligently or intentionally allows his/her trees to drop
branches or leaves onto your property;
Neighbor trespasses onto your property (either directly or indirectly);
A Neighbor is creating a nuisance such as loud music, smell,
A neighbor is engaging in illegal activities.
Presence of Mold or Friable Asbestos
A structure contains mold or friable asbestos;
Insurance company has denied abatement coverage;
Caused by a faulty roof or plumbing work;
The conditions were known to a prior owner of the property.