Kelly L. Pope

Associate

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Litigation, Eminent Domain and Inverse Condemnation, Bankruptcy and Commercial, Business Insolvency, Corporate Reorganization

Admitted to Practice in:

California

Kelly Pope is a senior associate in Downey Brand’s litigation practice group.  She specializes in business bankruptcy, business litigation and eminent domain.

Kelly’s experience includes representing both secured and unsecured creditors, as well as debtors, in bankruptcy.  She has counseled clients facing insolvency-related issues.  Kelly has also represented clients in a variety of disputes involving claims of fraud, negligence and professional negligence, breach of fiduciary duties, breach of contract and unfair business practices. 

Additionally, Kelly has represented public entities and property owners in eminent domain matters. She is currently a part of Downey Brand’s team representing the Three Rivers Levee Improvement Authority in the acquisition of more than 60 properties for several major flood control projects in Yuba County and in representing the Modesto Irrigation District in the acquisition of properties for a 230 KV transmission line.

Kelly has extensive experience in all aspects of California and Federal civil procedure, as well as bankruptcy procedure, including drafting and opposing Chapter 11 plans of reorganization; drafting and opposing motions; arguing motions in court; propounding and responding to discovery; taking and defending depositions; working with expert witnesses; securing provisional remedies; preparing for trial and private arbitration; and post-judgment enforcement.

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.

MEMBERSHIPS

Sacramento County Bar Association, Member

Women Lawyers of Sacramento, Member;  2010 Membership Committee, Co-Chair

International Right of Way Association, Chapter 27, Member

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

EDUCATION

University of California at Los Angeles School of Law (J.D., 2004)
University of Nebraska - Lincoln (B.A., 2001)

PRESENTATIONS and Publications

Eminent Domain Institute, 12^th Annual Conference, “Severance Damages and Offsetting Benefits: Theory and Practice,” San Francisco, October 2010, Co-Presenter

International Right of Way Association, Chapter 27, “Apportionment, Payment and Cancellation of Ad Valorem Property Taxes on Property Acquired by Eminent Domain,” Sacramento, April 2010, Presenter

Continuing Legal Education (CLE) International, Eminent Domain Conference, “Apportionment, Payment and Cancellation of Ad Valorem Property Taxes on Property Acquired by Eminent Domain,” San Francisco, November 2009, Presenter

UCLA Women’s Law Journal, Former Co-Editor in Chief