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Michael R. Weiss

Partner 
601 West Fifth Street
Suite 300
Los Angeles, CA 90071
 
Tel:
213.688.9500
Fax:
213.627.6342
 
 

Michael Weiss is a partner in the Litigation Practice Group with more than 20 years of experience handling complex commercial litigation. Michael focuses his practice on real estate litigation, commercial and business disputes, and complex insurance insolvency matters. His real estate litigation practice includes multimillion dollar easement, entitlement, and contract disputes on behalf of Fortune 500 REIT companies, commercial lease and purchase disputes and transactions, and real estate partnership disputes and workouts. On the insurance side, Michael is among a select group of lawyers in California who handle conservation, rehabilitation, and liquidation of insurance companies. His insurance practice also concentrates on regulatory matters and reinsurance. As a commercial litigator, Michael has managed all aspects of litigation, including jury and bench trials, mediations, and arbitrations. Michael spent four years with the California Attorney General's Office where he served as lead counsel handling complex business, real estate, tax, insurance insolvency, and regulatory cases for the State of California before state, federal, and appellate courts. In addition, Michael is experienced in drafting and preparing construction agreements and construction related documents.
 
Representative Experience
 
Real Estate Litigation
 
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Representation of Fortune 500 Real Estate Investment Trust (REIT) in multi-million easement dispute against adjoining condominium association in Los Angeles Superior Court, resulting in favorable settlement to client including recovery of easement rights and significant monetary damages.
 
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Representation of Fortune 500 Real Estate Investment Trust in commercial breach of contract & construction dispute against contractors, architects and project managers in Los Angeles Superior Court, resulting in favorable settlement to client including recovery of monetary damages and waivers of fees and expenses.
 
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Representation of Fortune 500 Real Estate Investment Trust in easement dispute involving entitlement and use of parking spaces on adjoining property in downtown Los Angeles, currently pending.
 
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Representation of California Insurance Commissioner in multi-million asset dispute with property owner in Los Angeles Superior Court concerning whether removable artwork owned by insolvent insurer constituted commercial fixtures to office building, resulting in favorable purchase by property owner of artworks and monetary recovery for insurer.
 
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Representation of commercial property owners association in eminent domain, breach of easement and interference with water line and fire life & safety system action, resulting in monetary recovery to client and new easement agreements.
 
 
Governmental Representation and Litigation
 
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Representation of California Insurance Commissioner as Conservator and Liquidator of insolvent insurers Golden State Mutual Life Insurance Company, Superior National Insurance Company, California Compensation Insurance Company and others, providing court representation in state and federal courts and legal advice concerning the insurer's conservation and liquidation, rehabilitation, reinsurance, policy termination, asset collection and liquidation, employment termination, real estate, sale of art collection, negotiation of lease terms and terminations, claim handling and resolutions, retirement and pension plans, private sector employment and employment discrimination claims and litigation matters, sale of books of insurance business, corporate governance, and other issues and matters pertaining to insurers' conservation, rehabilitation and insolvency.
 
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Representation of California Insurance Commissioner in $100 million dispute against four insurance companies in United States District Court, Los Angeles Superior Court and California Court of Appeal concerning collection of workers' compensation bonds, resulting in approximately $90 million recovery for insolvent insurers.
 
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Representation of California Insurance Commissioner in multi-million premium dispute against brokerage company in one week arbitration in Orange County and multiple actions filed in California Courts of Appeal, resulting in $1.4 million judgment and recovery for insolvent insurer.
 
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Representation of California Insurance Commissioner in multi-million dispute with insolvent insurers' former executives in Los Angeles Superior Court - Complex Litigation Department and California Court of Appeal, claiming employment and severance payments, resulting in claim-rejection judgment against executives.
 
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Representation of California Insurance Commissioner in reinsurance arbitrations with reinsurers of insolvent insurance companies, resulting in monetary recoveries for insurers.
 
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Representation of Oklahoma Insurance Commissioner in workers' compensation proceedings against insolvent insurers before Workers' Compensation Appeals Board, resulting in successful motions for dismissals of insurers.
 
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Representation of Illinois Insurance Commissioner in unpaid premium disputes with commercial property owners in United States District Court, resulting in successful monetary settlements.
 
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Representation of California Franchise Tax Board in sales tax dispute with clothing business in Los Angeles Superior Court and California Court of Appeal, resulting in successful motion for summary judgment against business which was affirmed on appeal.
 
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Representation of governmental entities and contractors in eminent domain / inverse condemnation action with four businesses, currently pending.
 
 
Commercial and Business Disputes Litigation
 
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Representation of general partner in multi-million partnership dispute against partnership and second general partner in Los Angeles Superior Court, currently pending for trial.
 
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Representation of limited liability company against former executives in two week trial in Los Angeles Superior Court, resulting in judgment against executives.
 
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Representation of commercial tenant in two week jury trial in Los Angeles Superior Court, resulting in monetary judgment against commercial landlord.
 
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Representation of property owners in breach of commercial leases and unlawful detainer actions against restaurants in Los Angeles Superior Court, resulting in successful monetary judgments and unlawful detainer judgment in clients' favor.
 
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Representation of truck bodies manufacturing company in breach of commercial lease, fraud and fraudulent transfer action in San Bernardino Superior Court, resulting in settlement favorable to client.
 
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Representation of valet company in breach of contract action with restaurant chain, resulting in nominal monetary settlement.
 
Professional Memberships & Activities
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Million Dollar Advocates Forum, Member
 



Michael R. Weiss

Practice
Litigation
Representative Clients
Essex Property Trust, Inc.
JDE Brand, Inc.
Fortress Resources, LLC
Fragrance Acquisitions, Inc.
VanceCo, Inc.
Penn Street Villas Homeowner Association
Hyde Park Home, LLC
Federal Deposit Insurance Corporation (FDIC)
California Insurance Commissioner
Delaware Insurance Commissioner
Oklahoma Insurance Commissioner
J.R. Olsen Bonds & Insurance Brokers, Inc.
Education
J.D., Santa Clara University School of Law, 1995; Real Property Transactions Scholarship Award
M.S., University of California, Santa Cruz, 1989; Applied Economics, B.A., Economics, 1988
 
 
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