Anthony J. Oliva

Real Estate Litigation Matters

• Tenant. Right to terminate a lease for the landlord's failure to repair, winning a complete judgment for his client.
• Partner. Litigation regarding the interpretation and enforcement of a partnership agreement to develop and sell luxury condominiums on the big island of Hawaii.
• Tenant. Litigation by the landlord over interpretation of the provisions of a lease regarding responsibility for major capital improvements.
• Landlord. Dispute over a tenant's failure to exercise the option to extend the lease, and an alleged fraud by the landlord in inducing such failure.
• Owner/Developer. Action by a subcontractor for various damages including impact and acceleration expenses in connection with the construction of a shopping mall.
• Owner. Specific performance claim against an owner of a strategically located six-acre parcel adjacent to a plaintiff medical center.
• Purchaser. Claim for specific performance of a purchase and sale agreement for high-end residential property in Holmby Hills.
• Owner. Obtaining a restraining order in an action to prevent a homeowners' association from enforcing non-mutual equitable servitudes with regard to view rights.
• National Firm. Action for breach of consignment agreement and violations of Unruh Act.
• Owner. Complex condemnation action by a county transportation authority.
• Receiver. Obtaining a dismissal of an action by a receiver in United States District Court including expungement of lis pendens with regard to alleged right to purchase property in San Bernardino County.

Environmental Litigation Matters

• Landlord. Action by the tenant for constructive eviction and damages relating to the presence of airborne fungi.
• Shopping Center Owner. Litigation against upgradient landowners for damages stemming from contamination of soil and groundwater.
• Hotel Owners. Proposition 65 claim for failure to warn regarding smoking rooms and successfully defended an appeal of that dismissal.

Land-Use Litigation Matters

• School District. Challenge by an adjacent homeowner to the district's compliance with CEQA regarding the construction of a classroom building and library.
• Owner/Developer. Obtaining a judgment in favor of his client regarding a challenge by a local homeowners' group to compliance by the owner/developer with CEQA regarding the construction of major improvements.
• Owner/Developer. Anticipation of CEQA challenges to the Environmental Impact Report.
• Paint Industry Association. Case involving a challenge to a rule adopted by the Air Quality Management District in violation of CEQA.