Practices

Litigation

Overview

The litigation department at Dickenson, Peatman & Fogary (DP&F) provides sophisticated, “big city” representation without “big city” rates.  Our attorneys are routinely recognized in legal rankings and surveys as some of the best in their fields, and the firm is involved regularly with significant local and national matters.  Our attorneys are also well known for their pragmatic and cost-effective approach to problems, yet they also recognize that sometimes, cases need to go to trial.

DP&F litigators have experience in handling real property issues including boundary disputes, sales and acquisitions, adverse possession, commercial disputes, including partnership/corporate dissolution issues, contract claims, business torts, agribusiness disputes, and creditor’s rights matters, trusts and estate disputes, employment disputes, professional errors & omissions, and personal injury matters.

Representative Matters

Prosecution and defense of multiple cases involving boundary, easement, title and survey issues, including:

  • Successful defense of private party boundary claim involving survey issues affecting approximately 6 square mile area in Solano County
  • Successful prosecution of private party boundary claims involving survey and common law agreed boundary issues affecting approximately 150 acres of land in western Napa County
  • Successful defense of prescriptive easement claims affecting 70+ acres of land in western Napa County
  • Successful prosecution and defense of multiple additional private boundary and easement disputes affecting large (100+ acres) and small (multiple acres to less than 1 acre) properties in Napa County and surrounding areas
  • Successful negotiation and resolution of multiple title insurance claims on behalf of private property owners involving undiscovered record and off record claims against our clients’ properties
  • Successful prosecution of title insurance bad faith action resulting in a $700,000 settlement payment to our client

Successful prosecution of action on behalf of one of two owners of a winery LLC for breach of duty and contract by the other owner

Successful resolution through mediation of dispute between two owners of LLC performing winery related production services

Successful prosecution of action for specific performance of a commercial real estate purchase and sales contract for our clients, including recovery of attorney’s fees and costs

Successful defense and resolution through settlement of a commercial real estate specific performance action after proof of misconduct by opposing party-appointed appraiser in three person appraisal process called for by option agreement

Defending action for collection of multi-million dollar contractual liquidated damages provision after failed sale of a winery

Successful prosecution and defense through negotiated settlements of trust and estate disputes involving:

  • Management, control and disposition of trust assets
  • Rights to inherit