Overview

Ronald R. Rossi

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Location:
San Jose, California
Phone:
408-261-4252
Email:

Specializing in the practice of Real Estate and Business Litigation, Ron Rossi's expertise amounts to tremendous success both in and out of the legal profession. As a decorated attorney, he has prevailed in countless lawsuits, handling incredibly diverse disputes and transactions. As an expert on Silicon Valley Real Estate, Ron has served on many committees for the California Association of Realtors (C.A.R.) and has represented the National Association of Realtors (N.A.R.). Furthermore, Mr. Rossi has shared his insight through a variety of real estate law courses at a local law school, junior colleges, and continuing education programs for attorneys. 

For ten years, Ron was published bi-weekly in the San Jose Mercury News, single-handedly creating the "Real Law" column in order to offer accessible legal advice. Readers appreciated his insight on both commonplace issues and unusual hiccups in the Bay Area Real Estate market, helping buyers, sellers, and agents avoid preventable litigation.

Ron's trademark work ethic and remarkable ambition have been striking through his entire career. Starting with his part-time practice of selling and managing real estate during law school, Ron continues to go above and beyond as a founding member of the firm. Today, he is happily married and the proud father to three adult children. He continues to live in Saratoga after 25 years and enjoys skiing, weight lifting, boxing, and backpackin. 

NOTABLE CASES

-        Nvidia Corporation, Inc. v. Extreme Networks, Inc. (Santa Clara County Superior Court Case No. 1-01-CV-803483). Ron defended a multinational software company in a lease dispute, reaching a confidential yet notable settlement. 

-        Lewis v. Pico Ranch, Inc., et al. (Santa Clara County Superior Court Case No. 1-02-CV812971). Ron represented a purchaser of commercial property in San Jose who sued the seller for fraud and concealment. The seller failed to disclose that the standing tenant was going out of business and rescinding its long-term lease, concealing the tenant's letter announcing its shutdown. After a two-week trial, the court tentatively ruled that the principals were liable for fraud and damages in excess of $1 million. Sellers agreed to settle for the full amount plus all attorneys' fees before the court rendered its final opinion.

-        Smith v. DiNapoli (Santa Cruz County Superior Court Case No. 1-03-CV009914). Ron represented the seller of high-end residential property suitable for subdividing against the real estate broker who acted as a dual agent in the transaction (representing both the buyer and the seller). The agent failed to properly prepare the contract providing seller would be paid additional compensation upon approval of the lot split. Seller recovered almost $1 million from the broker. 

-        DeMattai, et al. in re: 506 University Avenue (non-litigation). Regarding the purchase and development of a Los Gatos property, Ron assisted a major building contractor in buying out his partners' interests.

-        City of Cupertino v. Blue Pheasant (Santa Clara County Superior Court Case No. 104CV026233). Ron settled a lease renewal dispute between the tenant restaurant owner and the landlord, City of Cupertino. The dispute was over a provision in the lease which required the restaurant to shut down before 11:00 pm daily, hence costing the business $300K annually.

-        Krach v. Tut (Santa Cruz County Superior Court Case No. CV139016) Ron represented the buyers of a multi-million-dollar Santa Cruz property and obtained a judgement against the sellers in a breach-of-contract action. The sellers were four family members holding power of attorney for each other. One family member signed the purchase contract with our clients, then claimed that all family members were required to sign the contract. They then attempted to sell the property to another buyer for a higher purchase price. 

-        Prevedello v. Marcus & Millichap (binding arbitration). Ron prosecuted an action by an apartment building owner against a large commercial broker for breach of fiduciary duty arising out of the sale of two apartment buildings in Sacramento. After the apartment building owner received an interim award of $1.5 million plus attorneys' fees, the parties reached a confidential agreement.

-        Chen v. Luu (Santa Clara County Superior Court Case No. CV 761041). Ron defended the owner a shopping center against a class action suit by 165 tenant seekings damages in excess of $20 million. The case settled for nuisance value after two weeks of trial. 

-        Zamani v. Simons (Santa Clara County Superior Court Case No. CV780611). Ron represented a business seller in an action against a shopping center landlord for unreasonably refusing to consent to a lease assignment. The firm obtained a jury trial award of $90,000 for general damages and a punitive damages award of $400,000, which was successfully upheld on appeal.

-        Page Mill Properties v. Luzon (San Mateo Superior Court Case No. CIV457866). Ron represented a broker who entered into distrustful commission agreements with a developer's LLC. The goal of the LLC was to acquire unlisted properties in East Palo Alto for eventual high-rises and condominium conversions. Ron's client fulfilled his part of the deal by bringing the developer nearly 40 properties; however, the LLC refused to pay the agreed-upon commissions, breached the agreement, and fired Ron's client. After two years of complex litigation, the parties reached a confidential settlement resolving the property acquisition and unpaid commission issues. 

-        Blickman Turkus v. M-F Downtown Sunnyvale, LLC (Santa Clara County Superior Court Case No. 1-03-CV-814344). Ron successfully defended major developer, Mozart Development Company, against a false commission claim. The claim alleged that the major developer signed a written lease, yet refused to occupy the premises or pay rent two years later. The developer was able to defeat the commission claim by convincing the Trial Court, in two separate Summary Adjudication Motions, that the term rent commencement in the Commission Agreement with the broker constituted a condition precedent of payment of the commission and required actual payments of rent by the tenant which had never been paid.

  -      Hartzheim v. Valley Land (binding arbitration). Ron's client, a commercial tenant in Auto Mall, exercised its option to extend the term of the lease. The lease provided for a certain method of calculating the rent during the option period. A dispute arose between the parties as to the fair market value of rent. After a 2-day binding arbitration, Ron's clients secured a rental rate in accordance with the evidence presented by our office and significantly less than that proposed by the landlord.

 

 

 

 

Areas of Practice

  • Real Estate
  • Business Litigation

Bar Admissions

  • California
  • U.S. District Court
  • U.S. Court of Federal Claims
  • U.S. Supreme Court
  • U.S. Tax Court
  • U.S. Bankruptcy Court Central District of California

Education

  • University of California, Hastings College of the Law, San Francisco, California - 1968
  • San Jose State University
    • M.A. - 2009
    • Major: History
  • San Jose State University - 1965

Published Works

  • "Real Law" Column, San Jose Mercury News (Nationally Syndicated)
  • Financing Real Estate, (Contributing Editor), California (Canfield Press)
  • Real Estate Remedies, (Contributing Author), Continuing Education of the Bar course outline
  • Former Columnist, San Jose Business Journal (1992-1995)

Classes/Seminars

  • Real Estate Transactions, Lincoln Law School, 2001 - Present
  • "Advanced Property Management", Foothill and DeAnza Colleges
  • "Advanced Real Estate Law", Foothill and DeAnza Colleges
  • "Real Estate Syndications", Foothill and DeAnza Colleges
  • Lecturer, "Real Estate Remedies", University of California, Berkeley
  • Lecturer, "Representing Parties to Real Property Sales Transactions", University of California, Berkeley
  • Lecturer, "Preliminary Title Reports, Title Policies, and Closing Procedures", University of California, Berkeley

Professional Associations and Memberships

  • State Bar of California
  • Santa Clara County Bar Association
  • Santa Clara County Trial Lawyers' Association
  • Santa Clara County Superior Court, Judge Pro Tem Program
  • Department of Real Estate Committee on Dual Agency
  • Department of Real Estate Sub-Committee on Dual Agency Disclosure Forms, Former Chairman
  • California Association of Realtors (C.A.R.) Committees
  • National Association of Realtors (N.A.R.)

Past Employment Positions

  • United States Army, Captain

Pro Bono Activities

  • Housing Industry Foundation, Board Member
  • California Associations of Realtors, Committees: Legal Affairs, Dual Agency, Legal Action Fund