Kelly L. Pope

Experience

Representative Commercial Litigation Experience

Extensive general business litigation, including contract actions, fraud actions, and professional negligence actions.

Represented state agency in multiple actions for breach of contract and breach of the implied covenant of good faith and fair dealing.

Represented commercial lender in complex action arising from a failed real estate development project.

Represented public school district in fraud action against professional accounting firm.

Drafted successful demurrers on behalf of home developer in action brought by purchasers for breach of fiduciary duty, professional negligence, and breach of the implied covenant of good faith and fair dealing.

Appeared and successfully argued motions in federal court including motions to dismiss and a motion for monetary sanctions.

Finalized adoptions for Public Counsel on a pro bono basis.

Representative Bankruptcy Experience

Represented RV Park owner in Chapter 11 reorganization.

Represented secured creditor in nondischargeability litigation in Chapter 7 bankruptcy.

Represented real estate developer in Chapter 11 bankruptcy and in related litigation against secured and unsecured creditors.

Represented unsecured creditors in bankruptcy filed by developer of Panamanian real estate, and successfully moved for partial summary judgment in related litigation filed by the debtor. 

Successfully defended first deed of trust holder in adversary proceeding filed by another creditor asserting a priority of interest in Chapter 11 bankruptcy. 

Conducted oral argument at the Ninth Circuit Court of Appeals, which affirmed bankruptcy court’s grant of summary judgment resolving the adversary proceeding in favor of the first deed of trust holder and other defendants.

Filed proofs of claim on behalf of secured and unsecured creditors in numerous bankruptcies.

Representative Eminent Domain Experience

Represented public entity in numerous property acquisitions for two large levee improvement projects, including the construction of the largest set back levee in the western United States.

Represented public entity in eminent domain litigation involving the acquisition of property for construction of a 230 kV transmission line.

Drafted and opposed motions in limine and provided trial support for jury trial resulting in a verdict that was substantially lower than the pre-litigation offer and deposit of probable compensation. This resulted in a judgment requiring the landowner to return some of the deposit to the public agency.

Assisted in obtaining pre-condemnation access to numerous properties for environmental and geotechnical investigations necessary for the design of a levee improvement project.

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