Estate Planning, Trusts
And Probate
Real Estate Transactions
Litigation
Jeffrey H. Lerman
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Biography
Jeffrey H. Lerman, 2007 President of the Marin County Bar Association, is a real estate investor and real estate broker as well as an attorney. Before co-founding Lerman Law Partners, LLP, Mr. Lerman practiced at prominent, large firms and served as General Counsel of two real estate companies with large portfolios of award-winning commercial, mixed-use, retail, medical office and residential properties nationwide, including the Los Angeles Four Seasons Hotel. Mr. Lerman handles acquisitions and sales, entity formation, syndication, commercial leases, loan documents, construction documents, loan work-outs, and litigation involving each of these areas as well as unfair business practices litigation. Mr. Lerman has lectured on various real estate and litigation topics at UC Berkeley Fisher Center for Real Estate & Urban Economics, the USC Law Center, and in front of numerous real estate investor organizations. Mr. Lerman has prevailed in the California Court of Appeals as reported in the published decision Keimer v. Buena Vista Books, Inc., 75 Cal. App 4th 1220, 89 Cal Rptr. 2nd 781 (1999). This important case was also reported and discussed in several articles including ‘Selling Snake Oil’, Brill’s Content, February, 2000. Mr. Lerman also published an article entitled ‘Defamation: The Plight of Celebrity Relatives,’ Los Angeles Lawyer, Sept. 1983.
Representative Cases
- Represented a major celebrity as the defendant in defamation lawsuit. The lawsuit was brought by a relative of another celebrity who was discussed in the book. The lawsuit involved a key First Amendment issue: whether relatives of public figures should be treated the same as public figures for purposes of defamation actions. After I made a successful motion for summary adjudication of issues, the case settled.
- Represented a major national food chain as the defendant in a federal lawsuit involving First Amendment issues relating to defendant’s right to fly its flag on the same flagpole as the American flag. We succeeded in our motion to dismiss the lawsuit, terminating the case with a minimum of expense to the client.
- Represented a major retailer of food products as the plaintiff and cross-defendant in a lawsuit under the California Commercial Code involving a shipment of rancid product from the plaintiff’s supplier. After I made a successful motion for summary adjudication of issues, the case settled.
- Represented a nationally-prominent owner of an automobile manufacturing company in a bankruptcy proceeding involving his company. The proceeding involved assets spanning the globe and simultaneous high-profile criminal proceedings against the owner.
- Represented a landlord as a defendant and cross-complainant in a lawsuit brought by the tenant seeking damages for the landlord’s alleged failure to pay for repairs to tenant’s premises after an earthquake. We cross-complained for the tenant’s failure to pay rent. After taking the case over from another lawyer, I found through my research another case on point which played a major role in winning the case. After a 14-day jury trial, we prevailed.
- Represented plaintiff in an unfair business practice lawsuit against a major entertainment company arising from false statements made on the covers of books it published. This lawsuit involved a First Amendment issue which had never been decided by any court in the United States. This issue was litigated all the way to the Court of Appeals, where we prevailed, resulting ultimately in a settlement of the case (subject to court approval, which is pending).
- Represented plaintiff in an unfair business practice lawsuit against a major national muscle-building supplement store chain arising from false advertising included on the labels of certain products sold by defendant. After I took the depositions of defendant’s owners, the case settled resulting in benefits to the plaintiff class worth millions of dollars.
- Represented defendant restaurant owner in an unfair business practice lawsuit. Successfully settled saving defendant tens of thousands of dollars in potential damages.
- Represented plaintiff/owner in a construction defect lawsuit involving a commercial building. Successfully mediated a settlement.
- Negotiated countless leases involving major retail and office tenants, representing landlords and tenants.
- Negotiated countless commercial property purchase and sale agreements.
- Represented a telecommunications company in an eight-figure merger.
- Represented a satellite telecommunications company in an eight-figure stock purchase transaction.
- Formed numerous entities (corporations, partnerships, limited liability companies)
- Negotiated numerous loan transactions
- Keimer v. Buena Vista Books, Inc., 75 Cal. App 4th 1220, 89 Cal Rptr. 2nd 781, 1999
Honors and Awards:
Comment Editor, UCLA Law Review
2007 President of the Marin County Bar Association
Selected for inclusion in the 2013, 2015 – 2021 Northern California Super Lawyers
Rated 10 out of 10 “Superb” by Avvo
Recognized as a “Leading Real Estate Attorney” by National Real Estate Investor Magazine
Recognized as one of the “Top Attorneys in Northern California” by San Francisco magazine
Peer-Review Rated AV Preeminent 5.0 out of 5. From martindale.com:
An explanation of the Martindale-Hubbell Peer Review Ratings
A Martindale-Hubbell Peer Review Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
The General Ethical Standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Those lawyers who meet the “Very High” criteria of General Ethical Standards can proceed to the next step in the ratings process. Legal Ability Ratings For lawyers rated with the changed methodology,
Legal Ability ratings will now indicate professional ability within a specific area of practice. Legal Ability ratings are based on performance in five key areas, rated on a scale of 1 to 5 (with 1 being the lowest and 5 being the highest). These areas are:
- Legal Knowledge – Lawyer’s familiarity with the laws governing his/her specific area of practice(s)
- Analytical Capabilities – Lawyer’s creativity in analyzing legal issues and applying technical knowledge
- Judgment – Lawyer’s demonstration of the salient factors that drive the outcome of a given case or issue.
- Communication Ability – Lawyer’s capability to communicate persuasively and credibly
- Legal Experience – Lawyer’s degree of experience in his/her specific area of practice(s), Martindale-Hubbell.
Scholarly Lectures and Writings:
- How to keep your teenager safe
By Jeffrey H. Lerman, Marin Independent Journal, May 18th, 2007 - Counting down to prison reform
By Jeffrey H. Lerman, Marin Independent Journal, March, 25th, 2007 - Can lethal inject be ‘fixed’
By Jeffrey H. Lerman, Marin Independent Journal, February 25th, 2007 - Reaching out to educate our youth
By Jeffrey H. Lerman, Marin Independent Journal, January 17th, 2007 - The Delaware Series LLC
By Jeffrey H. Lerman, Creative Real Estate Magazine, November 2005 - The Delaware Series LLC, a new asset protection tool
By Jeffrey H. Lerman, North Bay Business Journal, June 13, 2005 - Hire your lawyer on a contingency basis: How to sue the pants off somebody without losing your shirt
By Jeffrey H. Lerman, North Bay Business Journal, September 22, 2003 - Avoiding the Biggest Mistakes Real Estate Owners Make When Dealing with Partners and Investors
By Jeffrey H. Lerman, The Real Estate Finance Journal, Summer 2003 - Construction Update: New law changes method of handling defect issues
By Jeffrey H. Lerman, North Bay Business Journal, March 24, 2003 - 5 of the Biggest Traps Homeowners Face Under the New Construction Dispute Resolution Law
By Jeffrey H. Lerman - Biggest Mistakes Commercial Real Estate Owners Make When Negotiating Construction Contracts
By Jeffrey H. Lerman, North Bay Business Journal, February 17, 2003 - 8 of the Most Common Problems Buyers Encounter After the Contract is Signed…and How to Deal with Them
By Jeffrey H. Lerman, Outline for “The Real Estate Guys” radio presentation, KFRC 610 AM, December 8, 2002 - When Your Property Is Under the Magnifying Glass
By Jeffrey H. Lerman, Materials for MCLE Radio Presentation, CNET Radio, October 12, 2002 - 17 of the Biggest Mistakes Commercial Real Estate Investors Make When Negotiating Construction Contracts
By Jeffrey H. Lerman, Outline for MCLE Radio Presentation, April 13, 2002, CNET Radio - “Special Report Commercial Landlord Strategies in a Tenants’ Market”
By Jeffrey H. Lerman, August, 2001 - “11 of the Biggest Mistakes Real Estate Investors Make When Selecting and Forming an Ownership Entity”
By Jeffrey H. Lerman, Outline of speech given on June 19, 2001 in front of Income Property Workshop (attended by several hundred investors) at Santa Clara Convention Center - “10 of the Biggest Mistakes Buyers and Sellers Make When Relying Upon ‘Standard’ Forms to Buy and Sell Property”
Outline from May 5, 2001 radio talk show appearance by Jeffrey H. Lerman - “Q & A Presentation”
by Jeffrey H. Lerman for Frank Howard Allen Realtors’ brokers on July 10, 1997 - “Conflict Resolution Between Landlords and Tenants: Strategies for Commercial Landlords”
Outline of speech given by Jeffrey H. Lerman on November 2, 1994 in front of The Real Estate Counselors National Convention (attended by several hundred accountants, property managers and lawyers) at Disneyland Hotel, Anaheim, CA - “Tools to Make Deals Happen in the 90’s: Strategies for Leasing Brokers in a Soft Market”
Outline of speech given by Jeffrey H. Lerman on August 5, 1993 in front of Beitler Commercial Real Estate brokers - “Defamation: The Plight of Celebrity Relatives”
by Jeffrey H. Lerman, Los Angeles Lawyer , September, 1983
Verdicts and Settlements:
Class Action-Unfair Business Practices: Represented the plaintiff class to sue the Disney publishing company Hyperion for false advertising related to its famous “Beardstown Ladies” book. Prevailed in the California Court of Appeals as reported in the published decision Keimer v. Buena Vista Books, Inc., 75 Cal. App 4th 1220, 89 Cal Rptr. 2nd 781 (1999). This important case changed the way books are published and advertised and was reported and discussed in several articles including ‘Selling Snake Oil’, Brill’s Content, February, 2000.
Construction Defect Claim: We represented a homeowner asserting a multi-million dollar claim against multiple contractors relating to defective work on both original construction and repair scopes. Almost every contractor had its insurance company involved, so we built a substantial case that was strong enough to convince all defendants and their carriers to provide enough settlement dollars to satisfy our client. We were successful in accomplishing that objective and the case settled under confidential terms.
Class Action-Unfair Business Practices: Represented the plaintiff class to sue the Disney publishing company Hyperion for false advertising related to its famous “Beardstown Ladies” book. Prevailed in the California Court of Appeals as reported in the published decision Keimer v. Buena Vista Books, Inc., 75 Cal. App 4th 1220, 89 Cal Rptr. 2nd 781 (1999). This important case changed the way books are published and advertised and was reported and discussed in several articles including ‘Selling Snake Oil’, Brill’s Content, February, 2000.
Construction Defect Claim: We represented a homeowner asserting a multi-million dollar claim against multiple contractors relating to defective work on both original construction and repair scopes. Almost every contractor had its insurance company involved, so we built a substantial case that was strong enough to convince all defendants and their carriers to provide enough settlement dollars to satisfy our client. We were successful in accomplishing that objective and the case settled under confidential terms.
Fraud claim: We defended a seller against a claim that he concealed material information from the buyer that resulted in substantial alleged money damages. We successfully settled this claim to the client’s satisfaction.
Breach of Contract Jury Trial: We represented the owner of a shopping center who was sued by one of his tenants (a night club operator) for breach of contract and related claims arising from a fire at the nightclub. We counter-claimed against the tenant asserting negligence and related claims. After a 14-day jury trial, we prevailed.
Boundary line dispute: Represented a homeowner against neighboring tennis club. Tennis court had encroached on my client’s property for several decades. We successfully settled the case to the client’s satisfaction. Here’s a testimonial from our client: “My case, by most accounts, was just about a lost cause from the very outset. You took me seriously, did not give up on me, did your best to inform me of all the obstacles without discouraging me. All your hours of research and planning did lead to exactly what I hoped for, the acquisition of a 22.5 inch strip of land. Many, many thanks and my most sincere and best wishes for more successes in the years to come.”
Collection: Successfully defended client against collection complaint. When the client came to this office, he was confronted with a judgment that had been obtained against him, his wife and son. We succeeded in getting the judgment set aside, getting the lawsuit dismissed as against his son, and getting the lawsuit stayed “(or “frozen”)] Here’s a testimonial from that client: “”Your work and results to date have been in my opinion exceptional!”
Malpractice Claim: Represented plaintiff in a lawsuit against former law firm (one of the largest in the world) in which we asserted a malpractice claim against that law firm. We settled the case to the client’s satisfaction. Here’s a testimonial from that client: “He [Jeff] is currently handling litigation for me where the amount in dispute is seven figures. Jeff understands the pros and cons in a business situation and is able to alert me about landmines that might exist. He covers all the bases, so there are no surprises. Furthermore, he is up front about everything and never misleads me. With other attorneys, you may not get the whole truth. So you get into a project and end up wasting money because the attorney wasn’t truthful about all the aspects of the case. Jeff is very honest. He is also very easy to work with. Jeff has done a great job and I’m very pleased with his service.”
Commercial Eviction: We represented a landlord to evict a tenant from a commercial building in a vigorously disputed trial. We were successful. Here’s a testimonial from that client: “Jeff Lerman has handled both contract negotiations and litigation for my company. He is a very good negotiator upon whom I rely. He is aggressive and persistent and never lets anything get by. He is also very thorough and detail-oriented when he needs to be. At the same time, Jeff is friendly and I feel very comfortable with him. I would highly recommend him.”
Collection: We represented a creditor collect a substantial judgment. Here’s a testimonial from that client: “I used Jeff to collect a substantial judgment. The judgment debtors were being extremely evasive. Jeff Lerman collected the judgment in a very aggressive, efficient manner. I am a lawyer as well as a businessman. I used to practice law at one of the most prestigious firms in Los Angeles. I know good legal work and that is exactly what I got from Lerman & Lerman, at reasonable rates.”
Areas Of Practice
- Civil Litigation 50%
- Real Estate and Business Transactions 50%
Bar Admissions
- California, 1980
Education
- University of California at Los Angeles (UCLA) School of Law, Los Angeles, California
- J.D. - 1980
- University of California at Berkeley, Berkeley, California
- B.S. - 1977
- Major: Accounting
Representative Clients
- Real Estate Developers
- Real Estate Investment Companies
- Individual Real Estate Investors
- Real Estate Syndicators
- Real Estate Management Companies
- Institutional Lenders
- Private Lenders
- Commercial Mortgage Brokers
- Commercial Mortgage Bankers
- Satellite Telecommunications Company
- Tenants-Retail
- Tenants-Office
- Tenants-Industrial
- Limited Liability Companies
- Partnerships
- Corporations
- Non-profit Entities
- Consultant Agencies
- Consultants
- Garment Industry
- Marketing Agencies
- Telecommunications Companies
- Business Promotional Merchandise Companies
- Health Clubs
- Jewelers
- Paging and Cellular Companies
- Food Processing Industry
- Bowling/Sports Centers
- Start-up Companies
- Florists
- Restaurants
- Infomercial Production Companies
- Food Manufacturers
- Health/Fitness Industry
Professional Associations And Memberships
- Marin County Bar Association, President
- Marin County Bar Association, Real Estate Section, Co-Chair
- Marin County Bar Association, Treasurer
- Marin County Bar Association, Program Chair
- Marin County Bar Association, Membership Chair
- California State Bar, Real Estate Litigation Section, Co-Chair
- California State Bar, Litigation Section "Champions of the Courtroom" Symposium, Chair
Honors
- Selected to Super Lawyers for 2013, 2015 - 2021
- Super Lawyers