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    • Sean Ponist
    • Cary McReynolds
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  • About
    • The Firm
    • Sean Ponist
    • Cary McReynolds
    • Samantha Yu
  • Practices
    • Real Estate Litigation
    • Construction Litigation
    • Business Litigation
    • Financial Elder Abuse Litigation
    • Government Enforcement Action
  • Articles & Seminars
  • Blog & News
  • Results
  • Contact
November 1, 2018

Ponist Law Group authors article published in the Daily Journal entitled “Do you have a fundamental right to a view in California?”

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  • Under : Ponist Law Blog

“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.”

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August 23, 2018

The Ponist Law Group Obtains a Dismissal of the Action Based on the Pleadings and Judgment in Client’s Favor

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  • Under : Ponist Law Blog

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. 


May 22, 2018

How to Keep Your Expert In and Keep Their Expert Out

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  • Under : Articles / Seminars

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. 

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March 9, 2018

The Ponist Law Group Reaches Favorable Confidential Settlement on Behalf Elderly Client Defrauded in Connection with Purchase of a Business

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  • Under : Ponist Law Blog

The Ponist Law Group represented an elderly client in an arbitration in connection with the purchase of a business and asserted claims for breach of contract, rescission, fraud/misrepresentation and financial elder abuse. Following a multi-week arbitration proceeding, the Ponist Law Group was able to reach a favorable resolution on behalf of our client.


November 9, 2017

Rescission of Real Estate Contracts

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Nov 9, 2017 Lorman 

“Rescission is one of the most powerful remedies available to a party who has suffered damages resulting from breach of contract or fraud. Rescission is one of the few remedies which allows parties to truly be restored to their respective positions before the alleged harm. In this practical seminar, attendees learned how to effectively assert, and defend against, this forceful weapon.”

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May 18, 2016

Common Real Estate Practices and their Pitfalls

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San Francisco Bar Association, May 18, 2016

A legal education seminar examining common practices of agents, brokers, attorneys and investors unthinkingly do as a matter of course and the associated pitfalls of such practices. 

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September 28, 2015

Deconstructing Commercial Leases

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Presenter, San Diego County Bar Association (September 28, 2015)

A legal education seminar analyzing commercial leasing issues from the start of a transaction through the completion of the transaction and beyond into litigation.

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September 24, 2015

An Offering Memorandum Triggers Duty of Inquiry and Statute of Limitations in Investments Gone Bad

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  • Under : Ponist Law Blog

In the matter of WA Southwest 2, LLC v. First American Title Ins. Co. (2015) 240 Cal.App.4th 148, investors in a real estate deal alleged that their broker had made material misrepresentations and committed fraud. Specifically, the investors alleged that their  broker had represented that the property had been subjected to a thorough due diligence review and that the sales load would be less than 10%. According to the investors, however, this was not true. Rather, the actual sales load was purportedly in excess of 20%.

Putting aside the alleged oral representations, the court noted that a written Offering Memorandum provided to the investors had indicated that the sales load exceeded 10%. Thus, the court held that the inconsistency between the Offering Memorandum and the alleged oral representations of the broker put the investors on notice of a falsity and that the investors had a duty to inquiry thereafter. The investors failure to inquire was not only in breach of their obligations, but also started the running of the statute of

limitations on any claims by the investors. As the investors failed to timely bring suit against their broker based on the time of the receipt of the Offering Memorandum, the court concluded that their claims were barred by the statute of limitations and the case was dismissed.


September 16, 2015

Having Real Estate Contracts Interpreted in Your Client’s Favor: Critical Rules of Construction Every Real Estate Transactional and Litigation Attorney Should Know

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  • Under : Articles / Seminars

Presenter, San Francisco Bar Association, Sep 16, 2015

Presenter, a legal education seminar covering key rules of construction of real estate and legal documents, including lease agreements, grant deeds, agreements with public entities, deeds of trust, and other real estate contracts.

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May 28, 2014

Commercial Real Estate Brokerage Standard of Care

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  • Under : Articles / Seminars

Presenter, San Diego and San Francisco, County Bar Associations (May 28, 2014 and September 16, 2014)

A legal education seminar which looked at the duties and obligations of commercial real estate agents and brokers who, unlike their residential counterparts, are not presently bound by strict statutory requirements.

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