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  • About
    • The Firm
    • Sean Ponist
    • Cary McReynolds
  • Practices
    • Real Estate Litigation
    • Construction Litigation
    • Business Litigation
    • Financial Elder Abuse Litigation
    • Government Enforcement Action
  • Articles & Seminars
  • Blog & News
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April 27, 2011

Recovering Lost Profits In Real Estate Transactions

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Real Estate Quarterly Supplement to the Daily Journal (April 27, 2011)

This article discusses the recent Greenwich decision which has opened the door to the recovery of lost profits, but just slightly. As explained in the article, “Aggrieved investors should seek lost profits, but need to be mindful that courts are still skeptical of lost profits damages and will not allow them where even remotely uncertain or speculative.”

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October 19, 2010

When Real Estate Deals Go Bad

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San Mateo County Bar Association (Oct 19, 2010) 

A legal education seminar covering issues arising in real estate transactions, including preventative measures aimed at avoiding problems commonly encountered in real estate transactions, obligations and duties of parties in real estate transactions, and problems occurring after the close of escrow. 

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October 17, 2010

The Nonrefundable Deposit—Not!

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“In many transactions, the seller requires that the buyer pay earnest money in the form of a non-refundable deposit. The deposit is one way the buyer can communicate to the seller that he or she really means business. Indeed, such deposits have for years been commonplace. Recently, however, the court of appeal ruled that a non-refundable deposit is in reality a form of liquidated damages and voided the practice despite the clear contractual documents that called for it…”. 

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August 5, 2010

Should Equitable Indemnity Apply Against Negligent Misrepresentation Claims?

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San Francisco Daily Journal (August 5, 2010) 

“The law is clear that a party is entitled to seek equitable indemnity against negligence claims alleged against it. Similarly, the law is clear that a party is not entitled to indemnity against fraud, intentional torts and other torts for which the application of indemnity would violate public policy. But the law is much less clear as to a party’s right to indemnity for negligent misrepresentation, a cause of action which straddles the line between negligence and fraud. Although the issue arises frequently between joint tortfeasors, the appellate courts have yet to address it. In their silence, trial courts have been all over the map…”

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April 29, 2009

Direct and Cross-Examination for Civil Litigators

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National Business Institute (Apr 29, 2009)

A legal education seminar covering the skillful and effective use of testimony and evidence in the courtroom which provided attendees with the skills necessary to elicit the testimony needed in order to build a strong case and to put themselves in the best position to win. 

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Newsletter

    Recent Posts
    • The New Look of Trials December 9, 2021
    • With the Holidays Approaching, Here is a Quick Reminder to be Grateful for Your Family November 19, 2021
    • Closing Arguments with Renowned Trial Attorneys November 2, 2021
    • Sean Ponist Named to Both the San Diego Super Lawyers List and the Northern California Super Lawyers List for 2021 October 13, 2021
    • The Ponist Law Group Obtains a Complete Dismissal of Action on Behalf of Clients October 13, 2021
    • A Cautionary Tale to LLC Members with Minority Interests October 13, 2021
    • Sean Ponist Named to the 2021 Northern California Super Lawyers List October 8, 2021
    • Are Investment Notes “Securities” Under Federal Securities Laws? October 1, 2021
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