BUSINESS

CohenDurrett represented the purchaser in the financing and buyout of their co-owners of a concrete ready-mix business. This included the sale of associated real estate and water rights.

The owners of a group of nine franchised restaurants retained CohenDurrett to handle the sale of the restaurants to new ownership.

CohenDurrett represented a major Sacramento nonprofit entity in its merger with other affiliates to create a regional nonprofit with diversified programs and central management.

A regional church conference utilized CohenDurrett in the sale of underutilized real estate assets, which encompassed working with the buyer/developer, and representation of the client in the land use entitlement process.

REAL ESTATE

CohenDurrett attorneys have represented a company listed on the New York Stock Exchange with regard to all leasing matters in the United States, Canada and Mexico.

A restaurant group has engaged CohenDurrett in the negotiation of leases in high-rise office buildings over the last ten years.

The purchaser of a 50% ownership interest in three exclusive golf courses utilized CohenDurrett for legal matters and counseling.

A regional credit union engaged CohenDurrett in the acquisition of its corporate headquarters site and the leasing of numerous retail locations.

CohenDurrett represented a farming family in the structured sale of land to home builders over an eight-year period.

A real estate developer utilized CohenDurrett in negotiations with a bank trust department for a ground lease of a infill shopping center pad.

CohenDurrett represented a landlord in lease negotiations for a food processing facility.

CohenDurrett represented a buyer of approximately twenty-one acres in Live Oak, California in Sutter County. The buyer and seller entered into a one page purchase agreement. Escrow was immediately opened and the buyer deposited $173,652.82. The seller subsequently reneged on the purchase agreement. Buyer filed a complaint for specific performance and, thereafter, seller filed a demurrer to the first amended complaint. The court sustained the demurrer without leave to amend, in effect, dismissing the lawsuit. In so doing the court concluded that the contract did not contain all of ther requisite material terms.

On behalf of the buyer, Cohen Durrett filed an appeal. Ultimately, the court of appeal reversed the trial court’s decision and, subsequently, a settlement was reached.

CohenDurrett represented the buyer of a rural home site after the seller refused to perform. After the trial court found the one page agreement was not a valid contract, CohenDurrett appealed. The Court of Appeal reversed the trial court, which ultimately forced the Seller to affirm the contract and perform.

LABOR AND EMPLOYMENT LAW

CohenDurrett continues to handle union matters of behalf of employers, including resisting organizing campaigns, handling strikes, labor negotiations and decertification of unions.

A major food franchisor utilizes CohenDurrett to prepare prototype employee handbooks and employment policies for use by franchisees; and directly hires the firm for training and management consulting.

CohenDurrett was retained by one client to provide advice on the termination of a principal corporate officer, and by another client to investigate a sexual harassment claim against its human resource director.

Numerous regional and national firms utilize CohenDurrett for ongoing advice on employment matters and training, as well as representation before administrative agencies.

CohenDurrett represented an employer who produced packages of cut fresh fruit. An employee filed a complaint against the employer alleging failure to accommodate and wrongful constructive termination in violation of public policy. The plaintiff maintained that she was not provided reasonable accommodation and was terminated because of her disability. Defendant maintained that plaintiff had not been terminated or denied accommodation. The matter went to trial in Yolo County, where plaintiff requested an amount to compensate her damages in excess of $300,000.00 and punitive damages. The jury awarded less than $17,000.00 representing past wages only.

CohenDurrett represented an insurance company sued by its employee, an insurance claims adjuster, alleging that she was not provided reasonable accommodation and was terminated by the employer because of her disability. The employee allegedly suffered a work stress-related claim; however, she refused to pursue a workers compensation claim. She requested reasonable accommodation to change the clients for whom she would provide services and what percentage of time would be devoted to those clients.

Her employment was terminated because she refused to submit to a medical examination to determine the extent of her psychological damages, which was needed in order to evaluate the request for reasonable accommodation. On behalf of the employer, CohenDurrett filed a motion for summary judgment. The motion was granted resulting in a judgment for the employer. The employee subsequently appealed. The appeal was denied. CohenDurrett also represented the employer during the appeal.

COMMERCIAL EVICTIONS (UNLAWFUL DETAINER)

A regional real estate investor contracted CohenDurrett to evict a tenant and sub-tenant engaged in unauthorized subletting. CohenDurrett evicted the sub-tenant and obtained a judgment against both tenant and sub-tenant.

CohenDurrett was engaged by a tenant to evict a sub-subtenant. CohenDurrett not only evicted the sub-subtenant, it obtained a partial cash settlement and a secured promissory note from the sub tenant and reserved the right to sue the subtenant if the tenant is unable to release the property.

In a commercial unlawful detainer action, CohenDurrett represented the landlord/owner of the commercial property whose tenant (defendant) subleased its space to a number of subtenants who held bingo games on-site. Defendant failed to exercise its option to extend the lease, which resulted in the unlawful detainer action. After a three (3) day jury trial, Plaintiff obtained a judgment against the defendant and subsequently obtained an award for costs and attorney fees in excess of $45,000.