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Profile of Scott McElhern
 

Scott McElhern

 
Partner - Downey Brand Seymour & Rohwer LLP
 
Scott McElhern Email :
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Company Name : Downey Brand Seymour & Rohwer LLP
 
Company Website : www.downeybrand.com
 
Company Address : 555 Capitol Mall
10th Fl., Sacramento, CA,
United States,
 
Scott McElhern Profile :
Partner - Downey Brand Seymour & Rohwer LLP
 
Scott McElhern Biography :

Experience

Co-Chair of Downey Brand's Litigation Practice Management Group.

Construction

Represent public and private owners, general contractors and subcontractors in construction contract disputes, including claims for delay, disruption and extra work.

Represent public entities in preparing bid documents on public works projects and advise public entities regarding construction claims.

Represent owners, design professionals and contractors in negotiating and preparing contracts.

Represent owners and general contractors in contractual arbitration conducted under the rules of the American Arbitration Association.

Represent general contractors and subcontractors in Federal Miller Act lawsuits.

Obtained favorable award on behalf of owner in AAA arbitration against a general contractor who failed to comply with the terms of the construction contract and was terminated from the project.

Obtained favorable arbitration award on behalf of general contractor in AAA arbitration arising out of the owner's improper termination of the construction contract.

Defended a public entity in a construction contract action brought by a general contractor alleging damages associated with extra work and loss of bonding capacity.

Prosecuted a construction defect action on behalf of a public entity arising from a defectively designed and constructed HVAC system.

Eminent Domain

Represent public entities and landowners in eminent domain matters in both state and federal courts.

Represented several landowners in eminent domain actions brought by a City arising out of a highway interchange project.

Represented landowners in an eminent domain action brought by a City arising out of a bridge project.

Represented public entity in several eminent domain matters arising out of the construction of a transmission line.

Represented several public entities in condemnation matters arising out of various construction projects.

Real Estate Litigation

Obtained verdict in favor of homeowners after a two week jury trial. The homeowners were able to rescind their home purchase agreement based on fraud and also recover attorneys' fees and prejudgment interest. In total, the homeowners' recovery was in excess of $1,000,000.

Obtained a judgment in favor of a real estate company after a two week court trial relating to the interpretation of express easements and whether prescriptive easements existed. The real estate company also recovered its attorneys' fees. Represented the real estate company on appeal, and the judgment was upheld by the Third District Court of Appeal.

Represented a cement company in a number of complex real estate cases involving the non-judicial foreclosure of commercial properties, the issuance of provisional relief to protect the properties, and several successful unlawful detainer trials to gain possession of the properties.

Represent commercial landlords and tenants in lease disputes.

Commercial Litigation

Represented a probate estate in a two week jury trial arising from contractual claims brought by an acquaintance of the decedent.

Obtained summary judgment for a bank in a lender liability case arising from alleged oral assurances regarding the funding of a loan.

Defended a private corporation in a multi-million dollar action based on alleged non-compliance with state cogeneration law.

Represented a private corporation in a multi-million dollar commercial dispute arising from the sale of a defective product.

Represented HVAC manufacturer in several cases arising from alleged carbon monoxide exposure.

Represented a public entity in cases involving alleged dangerous condition of public property.

General

Former Judicial Extern to Magistrate Judge Edward A. Infante, United States District Court, Northern District of California, San Jose, California

MEMBERSHIPS

State Bar of California, Litigation Section, Member

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

Legal Advisory Committee of the Associated General Contractors of California, Member

Sacramento County Bar Association, Construction and Business Law Sections, Member

National Institute for Trial Advocacy's National Session, Graduate

EDUCATION

Santa Clara University, School of Law (J.D., 1994)

University of California, Davis (B.A., 1991)

CHARITABLE

Board of Directors for the Yolo Basin Foundation, Executive Committee Member

Leadership Sacramento, Sacramento Metro Chamber of Commerce, Member

 
Scott McElhern Colleagues :
Name Title Email

David Aladjem

Partner Please login

Annie Amaral

Assoc. Attorney Please login

Sallie Armstrong

Partner Please login

Meghan Baker

Assoc. Attorney Please login

George Basye

Of Counsel Please login


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