David Gonden is a senior trial attorney whose practice focuses on civil litigation of disputes concerning the real estate industry. He has represented owners, developers, sellers, lessors, purchasers, title companies and agents, lenders, and commercial organizations in disputes concerning real estate purchases, leasing, foreclosures, attachments, homeowners associations, contract disputes, mortgage fraud, and business torts. He has also represented owners, developers, and contractors in a variety of multi-party construction defect claims, including negotiation and litigation of complex construction claims covering commercial properties, resorts, and residential developments.
David has tried real estate, lender liability, construction, transportation, hospitality, and product liability cases in state and federal courts in California, conducted arbitrations before the American Arbitration Association, and numerous mediations in real estate, construction, breach of contract, transportation, insurance, and product liability matters.
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- Business and contract disputes;
- Real estate litigation including development issues, purchase/sale disputes, nuisance claims, residential and commercial construction defect litigation, and commercial leasing disputes;
- Financial services matters.
Additionally, David has extensive experience in all aspects of Alternative Dispute Resolution techniques including civil mediation work.
PRACTICE AREAS
ADMISSIONS
Bar Admissions
- California, 1991
Court Admissions
- U.S. Court of Appeals, Ninth Circuit
- U.S. Bankruptcy Court, Northern District of California
- U.S. Bankruptcy Court, Eastern District of California
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
EDUCATION
- Golden Gate University School of Law – J.D., with Honors, 1991
- University of California at Berkeley, Haas School of Business – B.A. in Business Administration, 1985
MEMBERSHIPS
- American Bar Association (Member)
- State Bar of California, The (Member, Real Estate Section)
- United Trustees Association (Member)
- Bar Association of San Francisco (Member)
CLIENT WINS
Representative Matters
- Lender Financial Services and Litigation. Represented and defended national banks in breach of contract claim against borrower for recovery of loan proceeds taken after misrecording of deed of trust against wrong property and against claims for alleged fraud and predatory lending in procuring loans for securitization.
- Construction Defect Litigation. Prosecuted multi-million dollar construction defect claim for major resort developer involving resort property in South Lake Tahoe.
- Financial Services & Bankruptcy. Defended multiple commercial mortgage lenders in lien priority dispute with bondholders raised in adversary proceeding to successful settlement.
- Breach of Contract and Commercial Disputes. Recovered in excess of $500,000 for distributor of electronic components from manufacturer in breach of contract action.
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- Boundary Dispute Litigation. Judgment for homeowners in dispute with neighbors over access rights; boundary dispute litigation to appeals.
- Real Property Litigation. Multitude of actions to quiet title and cancel improper instruments to judgment and decree quieting title or denying claims in property acquired by adverse possession, prescriptive easements, licenses, lot line adjustments or personal property.
- Judicial Foreclosure. Foreclosure of commercial property to judgment and recovery of deficiency judgment.
- Escrow/Title Claims & Appeals. Successful appeal after summary judgment for escrow officer in action by national bank for alleged fraud, negligence, conspiracy and unfair business practices in multi-million dollar loan fraud scheme by mortgage broker. Defense of escrow and title officers in negligence and fraud actions.
- Construction Contract/Collection Matters. Drafting construction agreements for general contractors; Successfully attached and recovered over $200,000 for general contractor in prejudgment attachment and TRO proceeding.
- Commercial Leasing. Drafting and negotiating lease agreements for lessors and lessees for various commercial properties and negotiating tenant improvements, budgets and contract supervision for general contractors.
- Hotel/Hospitality Development Dispute. Successful appeal after summary judgment for major hotel developer in multi-million dollar breach of contract and development deal.
- Lender Liability/Federal Law Claims. Litigated and resolved claims of fraud, RESPA, Truth in Lending Act and unfair business practices for lenders and title companies.
- Bench and jury trials in real estate, construction, contract disputes, product liability, transportation, and personal injury claims. Arbitration experience in commercial disputes involving buyers and sellers.
OUTSIDE THE FIRM
Outside of the office, David enjoys skiing, cycling, backpacking, and surfing.