News Archive

Mark L. Share moderates 2010 Breakfast with the Judges - Prejudgment Remedies

Judges and Commissioners in the prejudgment remedies departments of the Los Angeles County Superior Court explain what they expect of practitioners regarding injunctions, writs of attachment and possession, and receiverships. Speakers include Judges Yaffe, Chalfant, Meiers, Commissioner Mitchell. Moderated by Mark L. Share.

De Castro West Partner Speaks at State Bar Annual Meeting

Mark Share Anchors Lead-Off Program on Federal Court Practice

While many California attorneys are familiar with State court practice and procedure, only a few have developed expertise in the challenging requirements of Federal practice as well. To help educate attorneys throughout the state, the State Bar of California presented De Castro, West partner Mark L. Share at the 2008 Annual Meeting’s kick-off program, "Federal Court Practice: A Primer for State Court Practitioners."

The Annual Meeting, which started on a Thursday and ran through the following Sunday in Monterey, California, offered educational seminars for counsel from law firms of all sizes and specialties. Mr. Share presented to a capacity crowd.

"The materials I assembled for attendees can be used as a guide for state court practitioners when they find themselves pulled into Federal Court litigation," Mr. Share, who graduated cum laude in 1990 from the Northwestern School of Law at Lewis & Clark College, says. "Counsel face a number of significant differences between the two systems and need to be aware of the requirements on them."

The presentation included analysis of Federal Court Rules, which have recently been modified, and the regulations governing matters removed to Federal Court. Mr. Share discussed removal issues and filing requirements as well.

"Clients with matters in Federal Court face significant challenges on a substantive level in most cases," he said. "Counsel on these matters need to be ahead of the curve to truly serve their needs."

Expert Opinions

De Castro West Partner Mark Share Moderates Bench Officer Roundtable on Injunctions, Receiverships, Attachments: Breakfast with the Experts 2008

Mark Share, a partner in the litigation and real estate practice groups with De Castro, West, Chodorow, Mendler, & Glickfeld, recently led the charge for the Los Angeles County Bar Association's Remedies Section as moderator of a one-hour roundtable discussion. Mr. Share secured the participation of all four of the bench officers who handle provisional remedies matters in the Central District.

Despite the early hour, the meeting was a sell-out, with standing–room only crowds and lively discussion. Judge Yaffe generously provided his large Courtroom as the venue for the event.

"This program offered everything a practitioner could ever want to know about how to be successful in this practice area," Mr. Share says. "This information is like gold."

The panel included Judge David P. Yaffe, Judge James C. Chalfant, Commissioner Bruce E. Mitchell, and Commissioner Victor H. Greenberg. Judge Yaffe and Commissioners Mitchell and Greenberg offered considerable experience to the audience, as they have been overseeing these matters for some years. Judge Chalfant, who is somewhat new to the calendar, offered insights into his expectations and demands of the practitioners coming before him in the future. Judge Chalfant is taking over for a veteran jurist who has recently retired.

"The audience questions showed a decidedly practical bent," Mr. Share, a Past Chair of the Remedies Section of the Bar, says. "These practitioners understand how complex and significant this practice is."

Mark L. Share is an AV-rated (highest available rating) litigator and real estate attorney. He guides clients through sophisticated business transactions and counsels commercial and residential property owners, business entities, and executives. He can be reached at mshare@dwclaw.com.

Partners Jerry L. Kay and Mark L. Share Reverse Real Estate Deal Disaster

Attorneys Representing Buyer Alana Stewart Recover More Than $375,000

In a binding arbitration proceeding with numerous experts before a retired Superior Court Judge, De Castro, West, Chodorow, Mendler, & Glickfeld, Inc. won a significant victory for real estate investor Alana Stewart on her claims against the seller of a residential property. The damages amount includes substantial relocation funds for Ms. Stewart.

Trial attorneys Jerry L. Kay and Mark L. Share defeated the opposing party's petition to vacate the award, which they lodged as part of the award confirmation proceedings. The Firm won attorneys' fees at the arbitration.

"All that our client wanted to do was buy the residential property in a habitable condition," trial counsel and long-time De Castro partner Jerry L. Kay says. "And the law protects buyers from sellers who try to conceal important issues regarding real estate."

During escrow, Ms. Stewart became concerned about mold and drainage issues. So she had the seller sign a statement as part of the escrow process that assured her that the conditions that created the mold would be remedied.

"We argued successfully during the arbitration that once the seller signed off on that aspect of the escrow process, it became part of the sales agreement on the property," parner Mark L. Share says. "But the seller knew when he signed the agreement that the conditions had not been remedied."

De Castro counsel convinced the arbitrator that by including that language in the escrow documents, Ms. Stewart put the seller on notice that she would not close escrow unless the seller remedied the conditions. However, when Ms. Stewart took possession of her home, she discovered that the causes of water intrusion had not been corrected and mold was returning.

"When the client investigated, she discovered that a number of defects had not been repaired, including a crack in the foundation and black mold. Ms. Stewart became extremely concerned at that point, and understandably so - our client reasonably relied on the seller's word that the repairs had been accomplished, when in reality, they hadn't," Mr. Kay says. "We convinced the arbitrator this was a breach of the parties' contract."

The award has now been paid in full.

"I'm pleased with this result," Mr. Share, who works extensively in the real estate area, says. "Ms. Stewart's rights have finally been satisfactorily vindicated under the law."

De Castro, West, Chodorow, Mendler, & Glickfeld provides planning and advocacy to clients in complex business transactions and litigation. The firm helps individuals, private entities and public corporations navigate the legal intricacies of both the boardroom and the courtroom through strategic counseling, innovative planning and aggressive representation. De Castro, West is a full-service law firm, handling almost every type of legal matter for nearly every kind of enterprise. For more information about De Castro, West, Chodorow, Glickfeld and Nass, call (310) 478-2541 or e-mail tray@dwclaw.com.