The Ponist Law Group is pleased to announce that Cary D. McReynolds is joining the firm as of counsel. Mr. Ponist and Mr. McReynolds previously worked together at another firm and have worked on several significant matters together since. Mr. McReynolds’ practice focuses on real estate, construction, and business litigation, as well as select family law matters on a case-by-case basis. He is a strong client advocate, with a proven record for success. We hope you’ll join us in welcoming him to the firm. More information about Mr. McReynolds can be found on his bio page.
Join us on May 15, 2019 in San Francisco to hear from Sean Ponist and other leading real estate attorneys as they discuss recovering of real estate damages. This legal education seminar is sponsored by the Bar Association of San Francisco who is hosting the event.
This seminar examines real estate remedies arising from disputes both before and after closing. This is the second in a two-part series and focuses on powerful remedies, beyond damages, to enforce client rights, including a discussion of rescission, reformation, specific performance and other equitable remedies.Read More
Join us on April 17, 2019 in San Francisco to hear from Sean Ponist and other leading real estate attorneys as they discuss recovering of real estate damages. This legal education seminar is sponsored by the Bar Association of San Francisco who is hosting the event.
This seminar examines real estate damages arising from disputes before and after closing. This is the first in a two-part series and focuses on damages; the second will focus on real estate remedies. Read More
“Panoramic view,” “expansive view,” “scenic view”—these are all common descriptions used to market highly coveted view property. A great view can substantially increase the desirability and value of a property, with view properties often selling for hundreds of thousands of dollars more than neighboring properties of comparable square footage without views. Developers also routinely charge substantially more for premium lots with views in new developments. In most cases, however, the property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for something that can be taken away without recourse.”
In the lawsuit, the plaintiff had alleged wrongdoing on behalf of a client of the Ponist Law Group’s in connection with the foreclosure of a commercial property. The Ponist Law Group successfully moved to dismiss the matter on the pleadings and obtained a judgment in their clients’ favor.
Nationwide Biweekly Administration, Inc., Loan Payment Administration, LLC, and Daniel S. Lipsky, the alleged alter ego, principal and sole shareholder of Nationwide and Loan Payment (collectively petitioners) operate a debt payment service that claims to reduce the amount of interest owed by accelerating debt repayment via an extra annual payment. The California Department of Business Oversight and the District Attorneys of four counties (collectively the People) challenge a number of petitioners’ business practices and in the underlying action seek civil penalties under Business and Professions Code sections 17200 and 17500, and Financial Code section 12105, subdivision (d), as well as injunctive relief, restitution, disgorgement, the voiding of petitioners’ allegedly unlawful contracts, costs and attorney fees. In conjunction with their answer, petitioners demanded a jury trial, which the People successfully moved to strike.
In a groundbreaking decision, the appellate court overturned years of precedent which denied businesses the right to a jury trial in civil enforcement actions brought by the State of California against businesses. In this matter, the State of California sought tens of millions from a client for alleged unfair business practices and sought to do so without the right to a jury trial. Attorney Ponist successfully argued that trial without a jury violated his clients’ fundamental, constitutional rights, arguing, in part, “California has never afforded parties lesser rights than what they’re afforded under the United States Constitution. That’s never happened. It’s not that you come to California, you might get higher minimum wage, better environmental protections, but when it comes to Constitutional rights, tough luck.”
May 22, 2018
San Diego County Bar Association, San Francisco Bar Association, Scientific Association of Forensic Examiners
A legal education seminar covering expert reports, motions in limine, federal and state expert disclosure, exchange and report requirements as well as litigation tactics at each stage in the process. The program further discussed the seminal Daubert/Sargon decisions as well as how to attack and how to defend an expert’s report and opinions.
The Ponist Law Group defended a laboratory against claims that it had erroneously switched paternity testing results, allegedly inaccurately indicating that one man was the father of the subject child when, according to plaintiff, it was another man. According to plaintiff, this caused “irreparable damage” and “emotional distress.” The Ponist Law Group was able to successfully resolve the matter early for a nuisance settlement.