Tag: Real Estate
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Real Estate Expert Not Allowed to Opine on Undue Hardship
On September 24, 2024, Plaintiff Pharilyn Chhang filed the operative second amended complaint against Defendants West Coast and Sergio Madrigal, alleging causes of action under the Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA), wrongful eviction; invasion of private right to occupancy; and breach of duty. Plaintiff claimed that she is a disabled…
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Testimony of Geology Expert Witnesses about the Environmental Remediation of the Property Admitted
This breach of contract action arises from a series of agreements relating to real property located at 2497 Adam Clayton Powell Jr. Boulevard in Manhattan (the “Property”) that was contaminated by an oil spill (the “Spill”) originating from non-party ExxonMobil’s adjacent gas station. In February 2010, the Plaintiff, 2497 Realty Corp., executed the Contract of…
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Court admits expert testimony regarding restrictive covenants in public nuisance case
In Stone v. Harley Marine, the court denied Harley’s attempt to exclude Plaintiff’s expert, finding his long experience preparing neighborhood analyses qualified him to opine on land use and deed restrictions. The court held that the expert employed a reliable methodology involving site inspection and document review. While Harley could make specific objections at trial,…
