Trial Successes in Real Estate Litigation

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In Foreclosure Case, Defeated Lender’s Lien on Summary Judgment

The world’s largest bank, JPMorgan Chase Bank, N.A., sued Mr. Markham’s clients in 2016, seeking to perfect an equitable lien and enforce it by a nonjudicial foreclosure. After a particularly arduous litigation, Mr. Markham prevailed for his clients on summary judgment in 2017, winning on all claims and defeating the lender’s efforts to seize and sell a highly valuable residential property in San Diego, California. Mr. Markham also recovered his attorney’s fees and costs of suit from the lender, which subsequently abandoned its appeal, so that the outcome of this case has become final and non-appealable. Case Name: JPMorgan Chase Bank, N.A. v. Cho (S.D. Cty. Sup. Ct., Case No. 37-2016-00045054-CU-OR-CTL).

Successful Bench Trial for a Judicial Partition

In a judicial partition that proceeded to a final evidentiary hearing, the trial court granted Mr. Markham’s client substantially all of the relief that she had requested, which included (1) a decree of partition and partition sale, (2) the entirety of all contested proceeds, (3) a removal of various liens at the other side’s sole expense; and (4) attorney’s fees and costs. The property was worth approximately $900,000 at the time of the partition sale, and all of the client’s proceeds were recovered from the sale. Case Name: Tamburo v. Lipari (SF. Sup. Ct., Case No. 312202).

Successful Defense In Another Bench Trial for Injunctive Relief

In a bench trial in which Mr. Markham represented the defendant, the trial court declined to grant the injunctive relief which the plaintiff requested, and by which she would have gained sole possession of a property co-owned by both parties. This case concerned an action to quiet title and a related claim for injunctive relief. Case name: Rivet v. Dziensuwski (SD. Sup. Ct., Case No. DV 017311)

Successful Defense in a Bench Trial For Injunctive Relief

In a bench trial in which Mr. Markham represented the defendants, the trial court refused to grant the requested injunctive relief to Plaintiff, a homeowners’ association. This case concerned land use issues within a homeowner’s association. Case name: Sweetwater Lakes Homeowners Association v. Kramer (Case No. GIE 029572).

MR. MARKHAM’S ARTICLES ON ANTITRUST LAW

AN OVERVIEW OF ANTITRUST LAW (By William Markham, © 2000)

“Antitrust law is the law of competition and is perhaps the least understood law of all. This article provides an overview and explanation of the essential principles of antitrust law.”
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ANTITRUST EXEMPTIONS AND IMMUNITIES (By William Markham, © 2022)

“Over the years, Congress and the federal courts have established various immunities from federal antitrust law, removing from its reach specified commercial activities and even entire lines of commerce.”
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HOW THE CONSUMER-WELFARE STANDARD TRANSFORMED CLASSICAL ANTITRUST LAW (William Markham, © 2021)

“Since the late 1970s, antitrust law in the United States has been transformed out of recognition and rendered largely toothless by consumer-welfare jurisprudence….,”
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“Some critics of antitrust law treat it as mere governmental overreach and an unwelcome infringement upon the ordinary operations of our free markets. (….) That criticism betrays a fundamental misunderstanding of the very term ‘free markets,’ which refers to markets that are free of any undue restraint, whether public or private.”
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“In this article I take up the obscure, problematic doctrine of illegal price discrimination, which was codified by the Robinson-Patman Act during the Great Depression, and which the modern, conservative Supreme Court has severely limited.”
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“The antitrust laws are supposed to promote and protect competition, or, if you will, competitive processes in distinct ‘lines of commerce’ or ‘relevant markets.’ This alone is their proper purpose.