Gullen, Richard B.

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Address: 1960 The Alameda Suite 200, San Jose, CA 95126
Lawyer Firm: Rossi, Hamerslough, Reischl & Chuck
Phone: 408-780-0358
Fax: 408-261-4292
Email:
Website: https://www.rhrc.net

Areas of Practice Real Estate and Business Transactions, Real Estate and Business Litigation, Business Litigation
Description

For over 27 years, Rick has delivered optimal cost-efficient solutions for his real estate and business clients, whether through negotiation and drafting of complex transactions, or litigating contentious disputes. Rick has handled a wide variety of matters for a broad spectrum of clients including investors, developers, builders, contractors, homeowners, brokers, lenders, borrowers, landlords, tenants, debtors, creditors, and title companies. Over his career, Rick has successfully tried dozens of real estate and business disputes involving millions of dollars in damages.

Rick represents investors and developers in commercial transactions through the acquisition, due diligence, management, sale, and exchange stages of investment properties and businesses. This includes forming entities, negotiating and drafting purchase agreements, development agreements, partnership agreements, CC&Rs, easements, leases, options, assignments, non-competition agreements, promissory notes, deeds of trust, security agreements, and subordination agreements.

In 2013, Rick was appointed to the Planning Commission for the City of Gilroy, and elected Chairman in 2015. As Chairman of the Planning Commission, Rick has specialized knowledge and experience regarding the process of obtaining development and land use entitlements, including tentative maps, building site approvals, zone changes, conditional use permits, certificates of compliance, and variances.

Since 2002, San Jose Magazine has consistently recognized Rick as one of Silicon Valley’s Top Attorneys. Rick also teaches real estate courses at DeAnza College and is a regular guest speaker at real estate firms and on local television and real estate radio shows.

CASES OF NOTE

Grammer v. Williams (JAMS) (2015):

Won a binding arbitration in which the client seller was awarded the full amount of the buyer’s deposit as liquidated damages, plus attorneys’ fees and costs, after the buyer wrongfully cancelled the sale. The arbitrator rejected the buyer’s argument that the client seller was unable to deliver marketable title because certain appurtenant easements over neighboring properties were junior to the neighbors’ deeds of trust. The arbitrator found that the neighbors’ deeds of trust were not liens on the easements, but rather other exceptions, and that the buyer had agreed to take title subject to those exceptions.

Van Buren Estates Lenders, LLC v. Van Buren Estates Partners, L.P., et al., in Riverside County Superior Court, Case No. INC 1206888 (2015):

Won a summary adjudication, and defeated the subsequent appeal by the losing party, confirming that our client’s $10.45 million dollar deed of trust was secured against title insurance proceeds as additional collateral that the borrower obtained through a settlement, and that our client’s lien had priority over a competing creditor who obtained a junior attachment lien against the same title insurance proceeds.

Joseph A. Sands Jr. v. Boulevard Brokerage Group, Inc., dba Re/Max Commercial, et al., in Los Angeles County Superior Court, Case No. LC088242 (2013):

Overturned on appeal a summary judgment against our client, a real estate investor who was defrauded into buying commercial real property in Colorado by several brokers who continued to advise the client to invest additional sums even though they knew the rental income was substantially less than as represented.

Van Zant v. Testate & Intes, in Calaveras County Superior Court, Case No. SCV39145 (2013):

Obtained quiet title judgment against 15 parties based upon adverse possession of 160 acres of land which had not been probated or otherwise transferred in over 100 years.

Frangadakis v. Teresa Rodgers, et al., in Santa Clara County Superior Court, Case No. 113CV252873 (2013):

Recovered full commission for a broker whose exclusive irrevocable listing on a property in Saratoga was prematurely and wrongfully terminated by the successor trustee of a trust.

Chan v. Tompane, in Santa Clara County Superior Court, Case No. 106CV075449 (2010):

Won a binding arbitration award on behalf of a homeowner in Los Altos Hills against the seller/neighbor to set aside parking easements wrongfully recorded at close of escrow without consent, plus damages and attorney’s fees of $340,238, in addition to a settlement with the escrow company in the amount of $225,000.

TRANSACTIONS OF NOTE

Rick has represented clients buying and selling shopping centers and single-tenant leased investments with national companies such as Chevron, Buffalo Wild Wings, Family Dollar, Gold’s Gym, Olive Garden, IHOP, Walgreens, Carl’s Jr., Dollartree, Autozone, O’Reilly, and Tireworks, as well as a carwash, a mini-storage facility, and other local businesses.

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