Civil Litigation


Recognized leaders in the region, WKBK&Y’s litigation attorneys deliver consistently successful results. The team’s comprehensive experience and ingenuity make them agile – ever ready and able to shift strategies when a case takes an unexpected or challenging turn.

Wagner Kirkman Blaine Klomparens & Youmans litigators remain dedicated at every stage and in every type of proceeding to the same goal: achieving a positive outcome for the client in the most cost effective manner possible.

We represent companies in complex multi-issue cases across nearly every industry; home builders, financial institutions, family businesses, privately-held companies, insurance companies, and startups on issues in the following areas:


BUILDING CONTRACTOR / DEVELOPER LITIGATION

We have represented many real estate general contractors and/or developers to enforce their respective rights under building contracts—as well as general and sub-contractors and suppliers in mechanics lien foreclosure actions. Our experience also includes litigation with municipalities regarding real estate developers’ duties and rights under subdivision improvement agreements.


BUSINESS LITIGATION

Our team of litigators have represented clients concerning all aspects of liability in operating a business including:

  • Breach of purchase and sale of business agreements
  • Dissolution of corporations, partnerships, and limited liability companies (LLC)
  • Corporate opportunity usurpation
  • Trade secrets
  • Shareholder and partnership disputes
  • Franchisor-franchisee/licensor-licensee disputes


ENTITY/OWNER DISPUTES AND DISSOLUTIONS

WKBK&Y has represented owners on all sides in multiple businesses relating to owner disputes and dissolution actions, including legal, medical, general business and real estate partnerships.


CLASS ACTION LITIGATION

Our litigators have represented clients in both prosecution and defense of class actions. These class actions have ranged from breach of contract for the purchase and sale of edible nuts in California, to manufacturing and sale of roof shingles and drywall products.


CONSTRUCTION DEFECT LITIGATION

We also have a wide range of experience defending construction defect and construction product defect claims ranging from routine to catastrophic claim amounts. These have involved defense against construction defect or construction product defect claims involving:

  • Large housing projects
  • City infrastructure projects such as city sewer systems and shipping ports
  • City buildings such as convention centers
  • Large installations such as theaters and casinos


EMPLOYMENT LITIGATION

WKBK&Y has defended many employers who have been sued by employees for issues including:

  • Wrongful termination
  • Termination in violation of public policy
  • Sexual harassment
  • Age discrimination
  • Gender discrimination
  • Race discrimination
  • Failure to accommodate employees with disabilities


GUARANTOR AND DEFICIENCY LIABILITY LITIGATION

Due to the recent economic downturn, we’ve prosecuted or defended large numbers of cases involving real estate foreclosure, guarantor liability, receiverships, writs of attachment, and related claims. In fact, we’ve defended against receivership actions, as well as guarantor liability claims, in both state and federal courts. We also have substantial experience litigating the “sham” guaranty defenses—which may call into question the validity of a guaranty where the lender seeks to hold the true obligor liable for greater amounts on a guarantee than would be obtainable directly against the borrower.


INSURANCE COVERAGE LITIGATION

Any litigant who is named as a defendant in a lawsuit should always determine whether insurance coverage is available to pay for the defense or potential loss. Our firm has successfully obtained coverage for many clients in extremely difficult cases.

For example, we obtained coverage for a property owner whose predecessor in interest had deliberately released toxic chemicals into the environment over a lengthy period based on an ambiguity contained in the “sudden and accidental” exception. Our firm routinely litigates insurance coverage issues in frequently successful efforts to obtain defense or indemnity coverage after inappropriate denials by carriers.


REAL PROPERTY BROKER / AGENT LIABILITY LITIGATION

We have significant experience representing real estate brokers and their agents, which includes commission disputes, and broker and agent liability claims.


REAL PROPERTY / TITLE DISPUTES LITIGATION

The firm routinely represents clients in litigation concerning the following:

  • The purchase and sale of commercial and residential real property
  • Disputes with brokers and real estate agents
  • Non-disclosure of defects in real property
  • Title defects and easements disputes
  • Judicial foreclosure
  • Quiet title actions and partition actions
  • Commercial landlord/tenant disputes, including unlawful detainers


SURETY BOND LITIGATION

Related to our firm’s many contractor and developer clients, we have experience litigating performance and payment bond claims as well as defending developers under surety indemnity agreements.


TAX LITIGATION

Our litigation team has experience in federal and state tax litigation including appearing before the U.S. Tax Court and California Board of Equalization. Recently, we have been involved in litigation with the IRS before the U.S. Bankruptcy Court over a client’s right to a large tax refund resulting from worthless real assets under Internal Revenue Code section 165.


TRUST-PROBATE LITIGATION

WKBK&Y has successfully prosecuted and defended cases involving:

  • Trustee and executory liability
  • Elder law and elder abuse
  • Lack of capacity
  • Conservatorship of estate and of the person
  • Trust contest and will contest
  • Contest appointment of trustee/executor
  • Contest appointment of administrator
  • Representation of beneficiaries
  • Representation of conservatee/conservator
  • Undue influence and fraud
  • Breach of fiduciary duties
  • Trust accounting
  • Acting under duress or mistake


UNFAIR COMPETITION / FALSE ADVERTISING / CONSUMER REMEDIES LITIGATION

The firm has represented clients in both prosecution and defense of actions under:

  • California’s Unfair Competition Law (“UCL”), Business & Professions Code Section 17200;
  • California Business & Professions Code Section 17500, prohibiting false advertising
  • Consumer Legal Remedies Act (“CLRA”), California Civil Code Section

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10640 Mather Blvd., Suite 200, Mather, CA 95655 | (916) 920-5286
1350 Treat Blvd., Suite 400, Walnut Creek, CA 94597 | (925) 478-7308