Randy Sullivan

Randy Sullivan is an experienced trial lawyer who has a proven track record of producing superior results for his clients in complex litigation in state and federal courts.  Mr. Sullivan’s leadership and strategies recently resulted in a settlement of $38,300,000 for a real property owner, and resolution of title and ownership claims of real property in a variety of matters valued at $10 million to $66 million.

Mr. Sullivan’s litigation and trial work is focused on major real estate and complex business litigation.  His clients include a wide variety of individual and corporate businesses and real property owners, investors, developers, financial institutions, mortgage brokers, real estate brokers, directors and officers, and technology companies.

For a greater understanding of Mr. Sullivan’s experience and successes please see his track record below Under Accomplishments.  You will see a more specific and detailed summary of Mr. Sullivan’s success in real property litigation regarding major developments; large land disputes between real property buyers and sellers; eminent domain litigation; cases reported in the news; disputes centered on corporate, LLC, limited partnerships, general partnership disputes over control, breach of fiduciary duty, and dissolutions; business and real estate litigation; experience in complex litigation, including trade secret litigation; and the defense of whistleblower actions (qui tam lawsuits) and False Claims Act cases; temporary restraining orders and preliminary injunctions; defense of mortgage lending liability claims; employment disputes; and construction defect litigation.

Under Publications and Memberships, you will see that Mr. Sullivan has taken an active role in State Bar and Local Bar leadership positions, and authored and edited publications in real property litigation, including for the Continuing Education of the California State Bar and other authoritative journals.

Real Property Disputes

• Resolution of eminent domain action for landowner for $38,300,000 ($10,710,000 more than their expert’s damage theory presented prior to trial).
• Successful prosecution of right to re-purchase real property after it substantially appreciated in value by more than $10,000,000.
• Secured settlement of $1.8 million for resolution of real property claims.
• Secure summary judgment ruling on termination of option right for the benefit of landowner.
• Complete subdivision and lot split of 60 acres in South Livermore.
• Prosecuted numerous quiet title actions for substantial real property holdings valued at over $100 million.
• Partition of real property valued at approximately $10,000,000.
• Successfully defended environmental remediation damage claim of over $3 million brought by one of the big 5 oil companies.
• Successful defense of action to ensure that use restriction in CC&Rs upheld.
• Associate counsel at trial, where our clients were awarded $8,800,000 in liquidated damages, attorney fees and costs against a New York Stock Exchange-traded developer and home builder that refused to close on the final phase of a $241,500,000 contract with our clients for the sale of raw land after the real estate market crash. The developer claimed that it was not required to close because our clients, the sellers had breached the contract. The United States District Court held in favor of our clients.
• Successful defense of alleged nondisclosures on boundary line, water easement, and flooding relating to 155-Acre property.
• Successful prosecution and enforcement of verbal equity sharing agreement to establish real property ownership of a Livermore winery.
• Secured settlement for property owner of over $400,000 for trespass claim.
• Successful prosecution of quiet title and inverse condemnation action against State of California to secure a right of way.
• Successfully prosecuted easements claims and defended claims for past due grazing rent claims through trial.
• Secured settlement of $225,000 from real property owner that caused fire that damaged neighboring property’s trees.
• Successful representation of partnership owning $9 million mobile home park in San Diego County in breach of lease action based on alleged claim that certain transfers constituted third party sales that conferred the lessee a right to purchase the property.
• Represented commercial landowners in unlawful detainers and foreclosures.

Lending and Brokerage Disputes

• Successfully defended private money lenders against borrower’s lawsuit for $66 million based on claims of fraud and violation of the mortgage foreclosure consultant act.
• Defense of repurchase demands by secondary market lenders/buyers and their successors, including cases by the FDIC and Lehman Brothers Holdings, Inc., relating to alleged disparity in loan application materials arising under wholesale and repurchase agreements.
• Secured ruling that failure to underwrite is relevant for defense of repurchase claims by FDIC against originating broker under repurchase agreement.
• Successfully defended loan brokers and officers in numerous actions based on Truth in Lending Act claims, the Real Estate Settlement Procedures Act, the Home Ownership and Equity Protection Act, the Mortgage Foreclosure Act, fraud, breach of fiduciary duty and negligence.
• Defeated claim by individual investor/members of LLC against mortgage broker and loan officer.
• Successfully resolved claim by hard money lender against mortgage broker through filing of motion for summary judgment.

Complex Commercial Litigation

• Successful defense of qui tam investigation by the State of California, and subsequent whistleblower False Claims Act case against corporate entities operating an oyster shell dredging and processing business.
• Associate counsel in defense of corporate shareholders and members of a partnership in an action initiated by a whistleblower and the State of California based on the California False Claims Act. The State claimed in excess of $180,000,000 in damages, penalties and interest, based on mineral lease relationships that began in the 1950s.
• Prosecution of trade secret claims relating to insurance brokerage accounts and prospective customer lists and secure favorable settlement for hundreds of thousands of dollars.
• Defense of alleged damage claims in excess of $5,000,000 by whistleblower and State of California for alleged violations of the False Claims Act, antitrust violations, and unfair competition law relating to small business certification of a distributor and its relationship with an original equipment manufacturer.
• Successful defense of director and president against alleged damage claims of $2,356,000. At trial the court dismissed plaintiff’s claims in their entirety, ruling in favor of our client.

Business Disputes – Corporate, LLC, Limited Partnership and Partner Disputes

• Secure buyout right of co-trustee, limited partner, and managing member of adverse party prior to completion of administration of $44 million estate.
• Dissolution of $20 million real estate partnership.
• Enforce software company’s restructuring to ensure control, including modification of number of board of directors, appointment of officers, and termination of executives.
• Represent corporation in managing proxy vote to recall the board of directors.

Employment and Trade Secret Disputes

• Successful prosecution of wrongful termination and past wage claim resulting in $350,000 settlement.
• Successful defense of claims of constructive discharge and harassment based on alleged discrimination of employee with HIV medical condition.
• Resolved claims on behalf of employer against claims of constructive discharge and alleged harassment.
• Secured temporary restraining order against rogue employees planning on forming a competing company with employer’s trade secrets.
• Successful defense of ostensible agency claims against alleged employer through motion for summary judgment.

Construction Defect & Mechanic Lien Disputes

• Successful representation of homeowner in claims arising out of construction of multi-million dollar property, defending against home builder’s claims that the damages were caused by deep soil movement.
• Prosecution of homeowner’s claim against nationwide home builder for defective foundation of residence in Antioch resulting in settlement of $287,500.
• Represented medical facility owner against general contractor’s cost overruns for development and construction of new facility to remove liens and facilitate refinance of the construction loan.
• Represented investor and developer of apartment complex to resolve various lien claims by subcontractors.

Administrative Law Disputes

• Represent real estate agents against investigations and disputes relating to license issues with the California Department of Real Estate.