Janlynn R. Fleener

Experience

Real Estate, Land Use and Environmental Litigation

Trial counsel for individual plaintiff suing to enforce real property purchase agreement. Trial in Amador County resulted in jury verdict in excess of $1M, plus punitive damages in favor of client. Verdict also required defendants to honor contract and sell 240 acres of property to client.

Trial counsel for water district in southern California seeking to enforce contractual water rights against upstream users. After five-week trial in the United States District Court for the Central District of California, court ruled that upstream user had committed bad faith breach of contract.

Litigation counsel for property owners and alleged hazardous waste generators defending against claims under CERCLA and RCRA, among others, based on groundwater contamination. Case filed in federal court (Northern District of California) was settled favorably for clients after court dismissed majority of claims against clients on summary judgment.

Trial counsel for commercial and residential developer seeking enforcement of easement rights against adjacent property owners. Jury rendered verdict in favor of client on interpretation of easement.

Trial counsel for major land developer in action seeking petition for writ of mandamus against City of Chico to enjoin City's attempt to require client to prepare supplemental environmental impact report. Obtained alternative writ at outset of case, staying any action by City pending trial. Court granted writ in favor of client after trial.

Litigation counsel for property owner sued by adjoining landowner for actions related to pursuit of development entitlements. Obtained dismissal of suit in its entirety under California's Strategic Litigation Against Public Participation (“anti-SLAPP”) statute, based on client's constitutional free speech and public participation rights.

Lead trial counsel defending landlord against claims of retaliatory eviction and race discrimination. Bench trial resulted in favor of client, upholding landlord's termination of tenancy for non-monetary lease defaults.

Authored successful appellate brief (affirmed) upholding client's water use and easement rights on Lake Tulloch.

Authored successful appellate brief overturning trial court's eviction of residential tenant pending outcome of trial on tenant's underlying claims relating to purchase of property.

Lead trial counsel in numerous unlawful detainer and breach of lease cases in Sacramento, San Joaquin and Placer Counties, resulting in successful judgments in favor of clients in connection with both residential and commercial properties.

Civil and Commercial Litigation
Lead litigation counsel for plaintiff in action based on investment fraud. Received substantial arbitration award in favor of client, including punitive damages.

Trial counsel for developers defending against claims of fraud and breach of fiduciary duty based on alleged joint venture agreement to purchase substantial piece of investment and development property. After three-week jury trial, jury rendered complete defense verdict in favor of clients.

Trial counsel defending surety on bad faith claim filed by obligee on payment bond. Trial in Colorado federal court resulted in jury verdict in favor of client.

Trial counsel representing contractor in breach of contract action arising from public works construction project. Jury rendered verdict in favor of client for in excess of $2,000,000.

Authored successful appellate brief (affirmed) defending against class action claims of unfair business practices under California 's Unruh Act and Unfair Competition Law.

Obtained writ of supersedeas from Third District Court of Appeal overturning trial court's refusal to stay litigation proceedings pending outcome of appeal on threshold issue of partnership voting rights.

Authored successful appellate brief (affirmed) interpreting testamentary bequests and distribution of trust assets.

MEMBERSHIPS

ACRE (Association of Commercial Real Estate), Member

Sacramento County Bar Association, Real Property Law Section, Member

State Bar of California, Litigation Section, Member

Denver County Bar Association, Member

Women Lawyers of Sacramento, Member

Colorado Women's Bar Association, Member

United States District Court for the District of Colorado, Admitted to Practice

United States District Court for the Central, Eastern, and Northern Districts of California, Admitted to Practice

EDUCATION

Santa Clara University, School of Law (J.D., summa cum laude, 1993)

Santa Clara University (B.A., magna cum laude, 1990)

PUBLICATIONS

American Bar Association, Surety Bad Faith, Tort and Insurance Practice Section, “Model Jury Instructions for Surety Cases,” 2000 (paper presented at American Bar Association Annual Meeting, New York City, NY, July 2000), Author