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Your Fifth Amendment Right

No person µ ∫...deprived < life, liberty, or property, without due process < law; nor µ private property ∫ taken > public use, without just compensation.

Surviving Condemnation Know your Constitutional rights! Thorsnes Bartolotta McGuire will tell you what the government does not want you to know about the condemnation process. Learn about your legal rights at our free seminar. Arm yourself with the knowledge that you need. Learn how to prepare yourself and maximize your rights to obtain just compensation.


Your free seminar will be hosted by this panel of legal experts. Would you let the buyer determine the price of your home? Of course not. Yet this is exactly what you are going to be asked to do during the condemnation process. Find out about all the pitfalls and risks facing you in the months ahead at one of our free “Surviving Condemnation” seminars. Leading this seminar are some of California’s top advisors in condemnation law. Our staff includes: Karen Frostrom

Vincent J. Bartolotta, Jr.

Renee Galente

Karen Frostrom, a 2006 winner of an Outstanding Trial Lawyer Award for her work in a condemnation case against the City of San Diego, specializes in business litigation, municipal redevelopment, land use, eminent domain, and contract litigation. Ms.Frostrom has received three Outstanding Trial Lawyer Awards for work done in one contract and two eminent domain cases against the City of San Diego, Caltrans and the University of California.

Mr. Bartolotta won the largest condemnation award in San Diego history. Recognized as Trial Lawyer of the Year for California by the American Board of Trial Advocates, he has also been recognized in Best Lawyers in America every year since 1987. He’s been honored with seven Outstanding Trial Lawyer Awards and two Trial Lawyer of the Year Awards by the Consumer Attorneys of San Diego.

Renee Galente primarily handles business litigation, land use, contracts, condemnation, eminent domain and personal injury cases. She is a member of the American Bar Association, the American Association for Justice, Consumer Attorneys of California, San Diego County Bar Association, Consumer Attorneys of San Diego, and San Diego La Raza Lawyers Association. In 2010 she was honored as a semifinalist in both the San Diego Daily Transcript Top Attorneys of San Diego, Personal Injury Division and as a finalist in their Top Young Attorneys Award.


Topics for Discussion 왘Pre-notice negotiations

왘Soil Remediation Issues

Has the government told you they will negotiate a “good deal” for you on the fair market value of your property or business? Don’t be taken advantage of by a self-serving offer. Would you let the buyer tell you what your home is worth?

Did you know that in many cases the law makes it the property owner’s responsibility to clean up contaminated soil? Would you let a buyer tell you what is wrong and then stick you with the repair bill without your input?

왘Condemnation/ Eminent Domain

왘Recovery of lost business value/goodwill

The rules are different whether you are the property owner or a business tenant. Did you know that business owners are not automatically notified of a pending action? Are you sure you know all your rights? Have you assembled a team of experts to protect your rights?

Do you know that many businesses are entitled to be compensated for losing their clients and customers? Do you know all the ways to place a value on your business? Do you really think that the government will give you that value without you having to fight for it?

왘Owner Participation rights

왘Recovery of just compensation for real property, improvements, machinery and equipment

Do you know you may have a right to re-enter the new development as a participant (alone or in a joint venture) in the redevelopment area? There are short timelines on these rights so you will need to act quickly to protect them before they expire.

Learn how we can help to properly appraise and value your improvements and the cost of replacing your machinery and equipment.

Reserve your seat today: 800-577-2922

About Thorsnes Bartolotta McGuire... We are a San Diego plaintiffs law firm with a statewide practice and a strong business dispute litigation department. Founded in 1978, we specialize in eminent domain, inverse condemnation, construction defects, personal injury, wrongful death, medical malpractice and related areas of plaintiff litigation. Our business law department handles franchise disputes, eminent domain law, partnership disputes, breach of contract, fraud and fraudulent conveyance problems. Our firm earned its reputation by aggressively pursuing and winning numerous high profile, multi-million dollar civil damage awards for victims as well as through our commitment to charitable causes on both sides of the US/Mexican border. Our state-of-the-art facilities, backed with a talented and resourceful team of lawyers, ranks us among the top trial lawyer firms in California. Partners in the firm have been recognized as being among the Top Attorneys in San Diego; Super Lawyer; Law Dragon; Best Lawyers in America and by the American Board of Trial Advocates. For more information, please visit our web site at www.tbmlawyers.com.


Condemnation Case Profiles Our firm has a remarkable history of successes both in and out of the courtroom. Some of our eminent domain and condemnation cases are summarized and profiled here. You may find that we have successfully handled a case that is very similar to yours. Of course each case is different and so is the outcome. Every case is judged on its own facts and merits, we cannot promise you that if you have a similar case that your result will be the same. For more information about these and other cases please log on to our case histories page at www.tbmlawyers.com.

Border Business Park v. City of San Diego A breach of contract and inverse condemnation action against the city of San Diego resulting in a $94,500,000.00 jury verdict. Post verdict the judge granted fees and interest bringing the result for our client to above $136,000,000.00 County of San Diego v. RanchoVista Del Mar (De La Fuente) A $55,000,000.00 verdict at the first trial which was the largest condemnation verdict in the history of the state at that time. Ordered on appeal for retrial, the case eventually settled for $40,000,000.00. State of California v. Anderprises, Inc. Caltrans contended that the Andersons had never intended to develop the property and that the property was, at best, valued as a speculative investment that would probably always be open space. Our clients were awarded $26,566,609.00. People of The State of California v. Metropolitan Properties Trust, et al, A condemnation case against CalTrans involving just compensation and damages to property that diminished its fair market value. This case was eventually settled for $8,500,000.00 after a four hour mediation. La Jolla Alta Master Council v. City of San Diego This complex case was an inverse condemnation action with elements of land subsidence involving an improperly maintained storm drain system in a La Jolla Canyon that threatened the homeowners living in on and in the area of Alta La Jolla Drive.

Don’t wait until it’s too late. Call now: 800-577-2922

Thorsnes Bartolotta McGuire

2550 5th Avenue 11th Floor San Diego, CA 92103 Voice 619/236-9363 Fax 619/236-9653 Toll-free 800/577-2922 www.tbmlawyers.com

In a La Jolla neighborhood near Soledad Mountain Road, the City of San Diego created and operated a storm drainage system that incorporated property owned by Plaintiff. The operation of this storm drainage system by the City over several years created a massive ravine across Plaintiff’s property, threatening citizens, homes, and Alta La Jolla Drive, a public road. The homeowners brought an inverse condemnation action against the City to force repairs and prevent a landslide. After the verdict a settlement of $4,500,000.00 plus over $5,000,000.00 in repairs was reached

for damage caused by the operation of its storm drain system. People of the State of California v. Grigory Zubkis and Rimma Zubkis, et al. $2,750,000.00 plus interest totalling $2,790,711.00 settlement for an eminent domain case involving the taking of a private residence for road expansion. Nastich v. City of Escondido An inverse condemnation case involving a road expansion that caused flooding and toxic mold contamination, The case eventually settled for $525,000. Mary Lynn and Warren Reichelt v. California Department of Transportation An $89,000.00 price differential settlement on a writ of mandamus action resolving an issue where our client was relocated to an inferior neighborhood by CalTrans.

Redevelopment Agency of the City of San Diego v. Ahmad Mesdaq and related consolidated cases A $7,785,131.83 jury verdict for an inverse condemnation case involving an Afghan refugee who owned the Gran Havana Cigar Company in the Gas Lamp district of San Diego. After a rags-to-riches success story following Ahmad Mesdaq’s family’s fleeing Afghanistan in the 1980’s, the City of San Diego at the behest of developers condemned his business. A complicated case involving consolidated actions, the City actually allowed the developers to pay for the attorneys used to enforce the condemnation action. A fascinating and relevant case that illustrates just how far local government will go to pacify big money developers in the light of the recent Kelo v. New London Supreme Court ruling. North San Diego Transit Development Board v. Bivin, et al. and related cases A $1,187,250.00 eminent domain settlement on behalf of 26 San Marcos area homeowners. The Walnut Hills area of San Marcos is a rustic community with a country lifestyle. The North County Transit District wanted to expand rail service in the area, running a diesel train past their homes every six minutes and offered them an insulting total of $34,000.00 for ruining their rustic way of life.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience or visit our website at www.tbmlawyers.com. This brochure is designed for general background information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have already retained a lawyer to handle your case please disregard this brochure.


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