Hon. David A. Garcia (Ret.)

T: 415-982-5267
F: 415-982-5287
Real Property

Hon. David A. Garcia (Ret.) has devoted years of his distinguished legal career exclusively to real property. He has successfully mediated a wide range of issues and has had particular success with real property disputes.

Prior to commencing with JAMS, he served for seven years as a law and motion judge, and in that capacity, he presided over hundreds of cases involving real property. Moreover, during his 20 years on the bench, he served as a settlement conference judge and assisted in the settlement of hundreds of cases, many involving real property disputes.

The wide variety of disputes Judge Garcia has handled include broker disputes, disputes between competing purchasers of real property, environment disputes and other property damage disputes, as well as leases on commercial properties. Fluent in English and Spanish, he has also handled numerous matters involving misrepresentations in connection with purchases and sales, ownership and management of commercial properties, real estate commission disputes, real estate development, shopping center leases, sales disputes, title insurance (including coverage), and escrow disputes. Judge Garcia has particular expertise in resolving landlord/tenant disputes as detailed below. Please request or click here to download the Spanish version of this document.

Representative Matters

  • Real Property Matters
    • Mediated and settled a multi-party real estate dissolution of partnership matter involving the sale of multiple properties
    • Successfully resolved a partnership dispute involving commercial properties in the hospitality industry
    • Successfully resolved a commercial lease dispute regarding propriety of exercise of an option to extend lease
    • Successfully settled a multi-party property damages matter regarding fire loss on an adjacent property
    • Mediated and settled a multi-party real estate sales conflict involving alleged non-disclosure
    • Successfully mediated a dispute involving a major developer and investors after investors backed out of a high-rise renovation
    • Successfully resolved a dispute between a buyer and seller in a real estate sales transaction of a high-end commercial building
    • Successfully mediated a real estate dispute between the seller and broker of exclusive residential property
    • Mediated and resolved a commercial real estate purchase dispute involving high-end night clubs
    • Mediated and resolved a conflict between a real estate developer and purchaser over a single-family home
    • Successfully mediated a real estate sales matter involving a dispute between buyer and seller
    • Successfully resolved dispute involving alleged fraudulent sale of motel, seller non-disclosure, misrepresentations with alleged participation by the lender
    • Successfully resolved commercial lease dispute involving the enforceability of a purchase option under a ground lease
    • Successfully resolved non-disclosure dispute involving high market residence with related coverage issues
  • Landlord/Tenant Matters
    • Successfully resolved a landlord/tenant dispute involving a shopping mall
    • Successfully mediated a complex landlord/tenant dispute over a long-term lease with issues involving common area maintenance charges
    • Mediated and settled a landlord/tenant dispute involving a community development center and a large commercial tenant
    • Successfully mediated a landlord/tenant condition of property dispute involving a major Silicon Valley tenant
    • Mediated and resolved a multi-party landlord/tenant dispute concerning a residential hotel over issues of warranty of habitability
    • Mediated and settled a landlord/tenant dispute involving owner move in issues and alleged wrongful eviction
    • Mediated and resolved a multi-party wrongful eviction and warranty of habitability dispute between landlord and tenant; mediation conducted in Spanish
    • Mediated and resolved, in Spanish, a multi-party landlord/tenant eviction of a multi-unit building; settled for more than $1 million
    • Successfully resolved a landlord/tenant dispute involving a housing authority and tenants who gained residency by deceit
    • Mediated and resolved a large landlord/tenant dispute involving a long-term lease and alleged failure to maintain property
    • Successfully mediated a landlord/tenant dispute concerning issues raised in a purchase option agreement
    • Successfully mediated an alleged breach of contract issue between tenants and tenants in common
    • Successfully resolved a wrongful termination of lease dispute involving a university campus and an on-premises restaurant
    • Arbitrated to award a partnership dispute including complex landlord/tenant issues

Honors, Memberships, and Professional Activities

  • Author of various publications about litigation and ADR in a variety of practice areas, including real estate, employment and commercial litigation, including Rutter Group Landlord Tenant Practice Guide
  • Founder and Board Member, Alta Vista Elementary School, San Francisco, 2009-present
  • Member, California Judges Association, 1983-present
  • Member, San Francisco Conservation Corps, 1987-2000
  • Member: Planning Committee, CJER, Civil Proceedings Bench-Book Project; Planning Committee, CJA Annual Conference, 1990
  • Mayoral appointee, San Francisco Employment and Training Council, 1978-1982
  • "Scholarly Approach," Daily Journal, ADR Profile, October 31, 2014

Background and Education

  • Judge, San Francisco Superior Court, 1990-2003
  • Judge, San Francisco Municipal Court, 1983-1990
  • General Counsel/Executive and Legal Affairs Secretary, California Fair Employment and Housing Commission, 1978-1982
  • Partner, Private Practice, San Francisco, 1974-1977
  • Managing Attorney/Staff Counsel, Neighborhood Legal Assistance Foundation, Mission Law Office, San Francisco, 1971-1973 and 1973-1974
  • Professor of Law, University of San Francisco School of Law, 1974-1983
  • LL.M., Yale Law School, 1971
  • J.D., University of San Francisco School of Law, 1970
  • B.A., University of San Francisco, 1967

Disclaimer

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