Results
Another Mobilehome Park Victory for HKP
Jennifer Echegoyen, Associate Attorney, recently prevailed in obtaining an order for injunctive relief in Fresno County. In the case, HKP represented the Petitioner, a mobilehome park, who was petitioning for the Court to grant an order for injunctive relief against a respondent who consistently violated the Park’s rules. After reviewing the filed Petition and hearing argument from the Petitioner, the Court summarily granted the order and found in favor of HKP’s client. The client was extremely pleased with the outcome of the case.
Mobilehome Park Residents Victory
We, along with another defense firm, settled a major manufactured housing park failure to maintain case on the eve of trial following an earlier inclusive mediation. This case involved 95 mobilehome park residents suing the park owner and management on a variety of legal theories of nuisance, negligence, breach of statutes, and breach of the warranty of habitability. Moreover, the park was located within Los Angeles rent controlled jurisdiction of the City’s Rent Stabilization Ordinance which, with COVID, state and county moratoriums presented challenges. Under the terms of the settlement, the case against the Park was dismissed with prejudice.
Hart Kienle Pentecost’s trust litigation team is pleased to report a final trial victory for 2023!
The client was sued as the trustee of her father’s trust by her brother. The client’s brother sought an order from the court granting him lifetime, rent-free, expense-free possession of the family home. After a 3-day bench trial in the Probate Department of the Orange County Superior Court, the judge ruled in favor of our client and denied her brother’s petition in its entirety.
Trust Litigation Victory
Hart Kienle Pentecost shareholder and managing partner, Andrew Kienle, recently prevailed in a trust litigation trial in San Diego Superior Court. In the case, HKP represented a beneficiary of his mother’s trust suing the trustee for mismanagement, breach of fiduciary duty and use of trust funds for his own benefit. After a 4-day bench trial, the Court ruled in favor of HKP’s client, awarding monetary damages which included a surcharge and attorneys’ fees. According to the client: “Great job Andrew…you hit it out of the park on this one.”
Trust Litigation Victory
Hart Kienle Pentecost client was sued by her nephews as the former trustee of her parents’ trust for damages (surcharge) she allegedly caused to the trust. After a 3-day bench trial, the court ruled in favor of our client and denied the request for surcharge in its entirety.
Trust Appeal Victory
Hart Kienle Pentecost successfully handled an appeal stemming from a trust litigation trial that was decided in the client’s favor. After full briefing and oral argument, the Fourth Appellate District, Division Three, affirmed the trial court’s decision in all respects, confirming HKP’s client’s right to receive a significant distribution from a trust.
Trust Estate Victory
Hart Kienle Pentecost represented its clients, as respondents, in a trust petition which sought to invalidate the restatement of a trust on the grounds of undue influence and lack of capacity. After petitioners put on their case at trial, HKP’s trial counsel brought a motion for judgment in favor of the clients on the grounds that the petitioners failed to prove any of their claims. The motion was granted and the clients were awarded their costs. With the granting of the motion, the HKP clients did not have to incur additional attorneys’ fees and costs to put on their defense at trial, and more importantly, the clients’ right to inherit a seven-figure trust estate was confirmed.
Homeowner v. Contractor Victory
Hart Kienle Pentecost represented a homeowner who hired the defendant to remodel his home. When problems arose during the construction, the homeowner discovered the defendant was not a licensed contractor. The homeowner then sued to recover all sums paid. The defendant claimed at trial that she was not a contractor (and thus did not need to be licensed), but rather a “project manager” who hired licensed contractors to perform the work. The Court found that the defendant’s scope of work fell squarely within the definition of “contractor” pursuant to the California Business and Professions Code and entered judgment against the defendant for all sums paid in the amount of $65,000.
Trust & Estate Litigation Victory
Hart Kienle Pentecost prevailed in a two-week trust and estate litigation trial in Orange County. In the case, HKP represented the respondent, who was being sued by his brothers to challenge the validity of their mother’s last will and testament which left 50% of the mother’s estate to HKP’s client and disinherited the petitioners. The Court found that there was no basis for any of the petitioners’ claims and found in favor of HKP’s client and awarded attorneys’ fees and costs to the client.
Trust Beneficiary Victory
Hart Kienle Pentecost prevailed in a four-day bench trial in San Diego. HKP represented a beneficiary of his mother’s trust suing the trustee for mismanagement, breach of fiduciary duty and use of trust funds for his own benefit. The Court ultimately ruled in favor of HKP’s client, awarding monetary damages which included a surcharge and attorneys’ fees.
Multi-Million Dollar Inheritance Victory
Hart Kienle Pentecost settled multiple trust contest lawsuits confirming clients’ rights to receive multi-million dollar inheritance.
National Mobilehome Park Victory
Hart Kienle Pentecost negotiated complex multi-year settlement agreement between HKP client (a national mobilehome park owner) and a group of park tenants resolving legal claims in the United States District Court and administrative claims before local governmental entities governing the operations and disputes between the park owner and residents
Estate Administrator v. Park Owner Victory
Hart Kienle Pentecost received favorable resolution of contentious litigation between estate administrator and park owner concerning propriety of long-term leasehold interest for benefit of minor heirs with satisfaction of delinquent charges.
Rent Increase Victory
Hart Kienle Pentecost obtained approximate 48% annual phase in space rent increase for park owner under local rent control ordinance following vigorously contested hearing.
Manufactured Housing Clients Victory
Hart Kienle Pentecost assisted manufactured housing clients in eviction actions and had a 98% favorable outcome on the unlawful detainer cases filed against tenants in 2022.
Environmental Engineering Services Victory
Hart Kienle Pentecost negotiated and reached a settlement on behalf of our client (a provider of environmental engineering services) concerning amounts owed to the firm’s client. The settlement resulted in the firm’s client recovering all of the principal amounts owed together with interest on the amount recovered.
Aerospace Industry Victory
Hart Kienle Pentecost succeeded in recovering substantial sums for HKP client in aerospace industry suing for of breach of contract, fraud and misrepresentation.
Eviction Victory
Hart Kienle Pentecost represented trustees in connection with eviction of “holdover” occupants in trust property in order to sell property and administer trust.
$30 Million Stock Sale
Hart Kienle Pentecost represented the selling shareholders and closed a $30 million stock sale of a chemical manufacturing and distribution business.
Business Organization Victory
Hart Kienle Pentecost represented buyers and closed an asset purchase transaction for a bakery and food service business, as well as related corporate organization and planning for buyers to continue operations post-closing and position for growth of the business.
Real Estate Victory
Hart Kienle Pentecost represented real estate investors and operators of income-producing properties in multimillion-dollar loan refinancing of existing assets and the acquisition of additional assets via the purchase of a long-term leasehold interest.
Property Owner v. Contractors Victory
Hart Kienle Pentecost successfully resolved disputes on behalf of contractors and property owners resulting in correction of work and disgorgement of monies paid to unlicensed contractors and/or subcontractors.
Mechanic’s Liens Victory
Hart Kienle Pentecost represented property owners in the removal of “stale” or “invalid” mechanic’s liens through statutory demand and petition process.
Six-Figure Payment Victory
Hart Kienle Pentecost foreclosed on mechanic’s liens resulting in six-figure payments to contractor, subcontractor and supplier clients.