Samuel A. Chuck, Attorney

SUMMARY OF PRACTICE

Sam's real estate and business expertise assist him in his notable real estate practice. He has extensive experience in commercial and residential development transactions, including representing developers in purchase and sale agreements, obtaining entitlements, coordinating and documenting development agreements, resolving land use and title issues, and negotiating long-term leases. Sam has also enjoyed success in various real estate litigation cases, obtaining several awards in excess of $1 million.

Elected partner in the law firm at age 31, voted president at age 33, and distinguished as a named partner at 35, Sam has been repeatedly honored as a top real estate and business trial lawyer by San Jose Magazine, inducted into the Million Dollar Advocates Forum, and received the distinction of Northern California Super Lawyer from San Francisco Magazine. While he is a native of Santa Clara County, Sam's practice extends throughout the state he has represented a Malibu developer in a multi-million-dollar partnership dispute, negotiated several shopping center developments, and advised and counseled clients in the purchase of hundreds of acres for residential development. Sam also obtained a $2.1 million award for a Sacramento apartment complex owner in a lender's bad-faith claim and won an arbitration award of $1 million for buyers whose real estate agent and broker failed to protect them in the purchase of a home in the Los Gatos mountains. Recently, he persuaded a jury to award punitive damages of $1.5 million against an insurance company that refused to provide complete fire insurance coverage.

NOTABLE LITIGATION

In re: James H.  Baron, as Receiver v. Fire Insurance Exchange, et al.  (Santa Clara County Superior Court Case # 1-03-CV-817085, Court of Appeal, Sixth District Case #  H029830).  Successfully represented a Court-Ordered Receiver in a case against a major insurer for its failure to pay complete coverage on a fire insurance policy.  The insurance company's adjuster had referred the Receiver to a contractor allegedly on its approved contractor's list.  The Receiver hired the contractor to perform the fire damage repairs on the insurance carrier's recommendation.  The contractor walked off the job, absconding with a portion of the insurance benefits which had been paid.  The carrier then refused to pay further policy benefits and denied further coverage, refusing to pay even the policy benefits it had agreed were owing forcing the Receiver to hire a new contractor funded by Receiver certificates.  After a two-week jury trial, the jury awarded damages plus $1.5 million in punitive damages.  After the Receiver then successfully moved for an award of attorney's fees, a total judgment of $2.1 million was entered against the insurance company.  The award was successfully affirmed on appeal in a published decision.

In Re: Michael Morter, et al. v. Thunderbird Realty, et al. (Santa Cruz County Superior Court Case #CV136523). Obtained an arbitration award in excess of $1 million, including attorneys' fees, arising out of a real estate broker's failure to advise and counsel a home buyer of landslide potential in a mountain property.

In Re: Mavin Income Fund v. Chang  (Sacramento County Superior Court Case #96-AS05978, California Court of Appeal Case #C031484). Represented a lender against a sophisticated apartment owner who allowed property (which served as loan security) to deteriorate, resulting in a judgment in excess of $2.1 million, affirmed on appeal.

In Re: Overland Development v. Gilroy Presbyterian Church (binding arbitration). Represented a developer in an action against a church for breach of contract and specific performance on a land sale agreement. The case resulted in an award in excess of $1 million.

In Re: Daheb v. Kim (San Mateo County Superior Court Case # CIV 420013). Defeated a claim brought by a buyer alleging misrepresentation and construction defects in a $2 million custom home.

NOTABLE TRANSACTIONS

Denise and Filice Packing Company
- handled the sale of the world's leading red-onion grower and packer to a multinational farming conglomerate.

Gilroy Interchange Development
- represented property owner in multi-phase sale/development at Highway 152 and Highway 101 in Gilroy, California, involving Costco, Loews, and Super Walmart.

Palm Springs Area Retail Developments
- represented developers in the acquisition, entitlement, sale and leasing of several large multi-tenant commercial developments in the Palm Springs area.

Residential Developments
- negotiated, documented, and advised developers in the acquisition of raw land, entitlement thereof, and sale for residential development.