Real Estate

Mr. McCauley has been appointed as an arbitrator in more than 150 cases in the past decade. The following is a short sample of notable Real Estate cases.

  • Arbitration of claims for lender liability and breach of joint venture real estate development agreement between a federally recognized Indian Tribe and a Delaware land development Corporation
  • Arbitration involving the determination of the fair market rental value of San Diego commercial building
  • Arbitration of a dispute between a landlord and a restaurant tenant concerning alleged failure of tenant to pay rent; to maintain fire insurance; and to maintain occupancy needed for landlord to obtain fire insurance; and concerning landlords alleged unreasonable withholding of assent to an assignment of the lease to a new tenant.
  • Mediation of dispute among partners of a medical facility leased to physicians, concerning rights under a partnership operating agreement.
  • Mediation of multiple eminent domain matters concerning the fair market value of land condemn by various agencies of the State of California
  • The Lead counsel representing a limited partnership, in a $20 million dollar secured real property “wrongful foreclosure” jury trial arising out of the foreclosure sale of a 1500-acre parcel of land within the city limits of Los Angeles.
  • Lead Counsel representing a national automotive servicing company in a trial concerning alleged forfeiture of extension rights on a long-term lease of the client’s central training facility in Sacramento, California.
  • Member of trial team defending a master-plan developer of 38,000 acres of developed and undeveloped real property in Central Orange County, California, in a $500 million dissenting shareholder action — likely the largest real estate valuation case ever tried in the United States
  • Lead counsel representing a general partnership in a multi-million dollar action involving use of letters of credit in secured real property sales transaction.
  • Lead counsel representing minority partners in a general partnership dissolution action under the Revised Uniform Partnership Act, where the underlying assets were 1,000 acres of citrus holdings in the San Joaquin Valley.
  • Arbitration of a Claim for lender liability and breach of joint venture real estate development agreement between a federally recognized Indian Tribe and a Delaware land development corporation.