Eve A. Brackmann is a partner at Stuart Kane LLP, and practices in the Litigation group.
Ms. Brackmann litigates business disputes, including both regular and complex cases. As lead counsel in jury and bench trials in both state and federal court, as well as private arbitrations, she has established a winning record on both the plaintiff and defense sides.
Ms. Brackmann specializes in real estate disputes as well as high-stakes business litigation for clients such as casino developers, shopping center owners, mortgage companies, and domestic and multi-national companies in sectors ranging from manufacturing to aviation. She has also represented property owners in a variety of first-party and third-party insurance coverage cases. Other clients have included big-box retail, design professionals, investors, shareholders, and employers.
In the field of Real Estate Litigation, Ms. Brackmann handles cases arising from development and construction; landlord-tenant disputes and unlawful detainer; environmental and toxic-tort; property and association management; common area management and costs; purchase, sale, and option disputes; boundary, easement and neighbor disputes, and title insurance claims.
In addition to real estate litigation, Ms. Brackmann also routinely defends employers in Employment Litigation, including wage-and-hour actions and class-actions; discrimination, harassment, and retaliation lawsuits; wrongful termination proceedings; compensation and commission disputes; whistleblower lawsuits; as well as trade secret, unfair competition, and non-compete agreement disputes.
In her specialty practices of real estate and employment litigation, Ms. Brackmann draws from significant general Business Litigation experience in the areas of venture, partnership, and entity-related disputes; manufacturer, distributor, and UCC disputes; contract-related lawsuits; fraud, misrepresentation, fiduciary duty, and accounting actions; financing, lender, and foreclosure disputes; unfair competition and trade secret litigation; and defamation and anti-SLAPP suits.
Not only is Ms. Brackmann a seasoned litigator, she also has a stellar record on appeal. Of her many successful appeals, two are groundbreaking, published opinions: Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110; and Havasu Lakeshore Investments, LLC v. Fleming (2013) 217 Cal.App.4th 770.
While an aggressive litigator and winning appellate practitioner, Ms. Brackmann also has an excellent settlement record. She has obtained highly favorable settlements for her clients through both mediation and informal negotiation, prior to incurring the expense of prolonged litigation or trial.
In the community, Ms. Brackmann has served as a judge for a California Indian tribe, as president of the Project Hope School Foundation Board serving at-risk children in Orange County, and she currently serves as an arbitrator on the Orange County Bar Association’s Mandatory Fee Arbitration Panel. She also works with the Orange County Public Law Center, serving as a pro-bono advocate. She regularly speaks on legal topics ranging from property valuation to civil procedure and commercial unlawful detainer.
Ms. Brackmann has been selected to the 2018 Best Lawyers list for Real Estate Litigation. She was also recognized in 2016 – 2018 on the Southern California Super Lawyers list and previously to the 2013 and 2014 Super Lawyers “Rising Stars” list. Other recent awards include the 2014 Outstanding Young Lawyer award from the Los Angeles County Bar Association’s Real Property Section, the Los Angeles Magazine 2013 Top Women Attorneys and 2014 Outstanding Young Lawyers, and nomination for the 2015 Orange County Business Journal “Women in Business” award.
Ms. Brackmann was also one of Stuart Kane’s contributing attorneys for the 2014, 2015 and 2016 World Bank “Doing Business” report on Real Property around the globe, and served for three years as a Director on the statewide Board of the Conference of California Bar Associations. For her local contributions to the legal community, she has also received numerous certificates of appreciation from the Orange County Bar Association.
Prior to becoming a partner at Stuart Kane LLP, Ms. Brackmann was a shareholder at Stradling Yocca Carlson & Rauth, and was previously an associate at Dorsey & Whitney.
Recent Business Litigation Cases
- Represented homeowners in Orange County Superior Court, in an insurance coverage dispute concerning the insurer’s refusal to cover an insurance claim for damage arising from subsidence caused by a massive plumbing leak. Settled the case in mediation for an amount greater than the estimated repair damage, in order to cover some of clients’ emotional distress damages, in addition to their full cost of repair for their home.
- Represented homeowners’ association in Los Angeles Superior Court on behalf of interior-design client for HOA’s failure and refusal to pay full contract amount for design services in two large residential multi-family buildings. Settled case with significant payment to client.
- Represented international footwear company in case against insurer in Orange County Superior Court (and then it was moved to federal court in Orange County), for bad faith refusal to cover subsidence claim for company’s commercial building, also its headquarters. Settled just prior to trial for significant payment to client for repair costs.
- Represented luxury property brokerage network in dispute regarding six-figure commission. Settled for significant payment to client, as well as co-agent credit on the underlying transaction with sale price over $7 million.
- Successful appeal of Orange County tax assessment on multiple commercial and residential properties, resulting in a decision by OC Assessment Appeals Board in favor of clients, after hearing, reducing taxable base value of properties by over $1 million.
- Representing investors who were deceived out of $1.5 million in a house-flipping scam in ongoing dispute in Santa Clara Superior Court.
- Represented Argentina-based website designer in a contract dispute with a Los Angeles based online luxury retailer, regarding payment of full contract price for website development. Settled for significant cash payment to client.
- Represented borrower in Orange County Superior court case against lender refusing to reconvey title and refund overpayments on loan. After two-day bench trial, the court issued a decision in favor of client and awarded full damages to plaintiff for all overpayments, as well as quiet title, and subsequently awarded full amount of attorney fees and costs requested.
- Defended seller of boutique hotel sued by buyer, a Chinese investor, in Orange County Superior Court, for post-closing issues related to a parking easement. After cross-claiming against both buyer and escrow for bad-faith failure to return six-figure holdback funds, settled with buyer and escrow for net-positive six-figure payment to client.
- Successfully defended national grocery chain in seven-figure dispute filed in Los Angeles Superior Court, with landlord regarding condition of store at turnover, resulting in settlement for nominal payment to plaintiff.
- Representing guarantors of a $64 million loan concerning a dispute with lender regarding enforcement of the guaranty. Investment dispute in New Jersey Federal Court, with trial currently set for April 2018.
- Representing property owner for claims against City of Long Beach for condition of commercial property upon turnover at expiration of lease. Set for trial in April 2018.
- Representing plaintiff, shopping center owner and developer, in dispute against pharmacy retailer for aggressive subletting. Unlawful detainer and regular civil cases pending in Santa Clara Superior Court.
- Recently obtained almost $700,000 judgment at trial in San Bernardino Superior Court, against deadbeat commercial tenant, for failure to pay rent.
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