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Description of Practice:
Tony is a partner in our Los Angeles office and is Chair of the Litigation Department. His practice focuses on commercial litigation, with an emphasis on real estate litigation. Tony represents owners, developers, purchasers, sellers, lessors and lessees of commercial properties in litigation regarding interpretation and enforcement of a variety of real estate contracts, including purchase and sale agreements, option agreements, leases, sale-leasebacks, and development agreements. His practice often involves the pursuit or defense of specialized real-estate related remedies including specific performance and maintenance/expungement of lis pendens. He also represents owners of commercial real estate in connection with direct condemnation claims and inverse condemnation matters, including regulatory takings. He represents participants in real estate partnerships and joint ventures in litigation regarding the interpretation and enforcement of partnership and joint venture agreements.
His practice also covers land use litigation, including claims regarding compliance with the California Environmental Quality Act and environmental litigation, including claims regarding soil and groundwater contamination and mold contamination, as well as claims regarding liability under various environmental statutes, including Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Proposition 65 and California's asbestos notification laws.
The following exemplify Tony's recent litigation matters:
1. Real Estate Litigation Matters
He successfully defended a digital distribution tenant regarding the right to terminate a lease for the landlord's failure to repair, winning a complete judgment for his client.
He represented a partner/joint-venturer in litigation regarding the interpretation and enforcement of a partnership agreement to develop and sell luxury condominiums on the big island of Hawaii.
He won a summary judgment on all claims for his client, a major commercial tenant, in connection with litigation by the landlord over interpretation of the provisions of a lease regarding responsibility for major capital improvements.
He obtained a judgment in favor of his client, a commercial landlord, in a dispute over a tenant's failure to exercise the option to extend the lease, and an alleged fraud by the landlord in inducing such failure.
He represented an owner/developer in an action by a subcontractor for various damages including impact and acceleration expenses in connection with the construction of a shopping mall.
He defended a specific performance claim against an owner of a strategically located six acre parcel adjacent to a plaintiff medical center.
He represented the purchaser on a claim for specific performance of a purchase and sale agreement for high-end residential property in Holmby Hills.
He successfully obtained a restraining order in an action to prevent a homeowners association from enforcing non-mutual equitable servitudes with regard to view rights.
He successfully defended a major national firm in an action for breach of consignment agreement and violations of Unruh Act.
He represented the owner of an office building with regard to a complex condemnation action by a county transportation authority.
He successfully obtained a dismissal of an action by a receiver in United States District Court including expungement of lis pendens with regard to alleged right to purchase property in San Bernardino County.
2. Environmental Litigation Matters
He successfully defended a major commercial landlord in an action by the tenant for constructive eviction and damages relating to the presence of airborne fungi.
He represented the owner of major regional shopping center in connection with litigation against upgradient landowners for damages stemming from contamination of soil and groundwater.
He obtained a dismissal of his client from a Proposition 65 claim for failure to warn regarding smoking rooms and successfully defended an appeal of that dismissal.
3. Land-Use Litigation Matters
He represented a major school district in a challenge by an adjacent homeowner to the district's compliance with CEQA regarding the construction of a classroom building and library.
He obtained a judgment in favor of his client regarding a challenge by a local homeowners' group to compliance by the owner/developer with CEQA regarding the construction of major improvements.
He represented an owner/developer of a major mixed-use development project in anticipated CEQA challenges to the Environmental Impact Report.
He obtained a judgment in favor of his client, a paint industry association, involving a challenge to a rule adopted by the Air Quality Management District in violation of CEQA.
Tony frequently speaks on matters relating to real estate litigation. At the recent Convention of the State Bar of California, Tony was a featured speaker on "Remedies for Breach of Real Estate Purchase Agreements." He is a member of the Los Angeles County Bar Association, the State Bar of California, the State Bar of Connecticut, the Florida Bar, and the American Bar Association.
Educational History:
Mr. Oliva graduated Princeton University with a B.A., cum laude, in politics in 1982 and received his J.D. from Boalt Hall School of Law, University of California, Berkeley in 1985. | 