In addition to Judge Collins’ twenty years experience on the bench, she practiced in federal court as an Assistant United States Attorney investigating and trying complex banking and real estate matters, including mortgage frauds involving large mortgage pools, inflated appraisal schemes and real estate ponzi schemes. Judge Collins tried approximately 25 jury trials in federal court.
Judge Collins has presided over trials, resolved by substantive motion and/or has settled matters involving alleged deceptive and usurious multi million dollar loan financing, sophisticated commercial real estate ventures with structured financing and various other complex financial and real estate matters. For example, her experience includes cases in the following areas:
Derivative Litigation, Mergers and Acquisition, Private Equity Disputes, Venture Capital, Corporate Finance, Financial Fraud:
Tenant suing its broker for fraud, negligence, and breach of fiduciary duty, alleging broker misrepresented that the landlord was guaranteeing that the newly constructed premises would be completed by a certain date and that broker failed to conduct due diligence to verify that premises would be available.
Dispute between corporation and former officers/shareholders for breach of fiduciary duty, fraud and accounting related to venture capital investment, subsequent asset sale proceeds and stock redemption rights;
Dispute re breach of contract involving stock options as partial compensation for brokering an asset sale;
Dispute arising from sophisticated transaction involving option sale of high-rise apartment building with multiple layers of financing, equity funding and redevelopment permits;
Dispute between investment bankers regarding compensation;
Contract and will dispute among family members relative to ownership of several pieces of Malibu commercial and residential properties, including issues of refinance and asset redistribution;
Dispute following purchase of business entity and discovery of overstated assets and misappropriation of funds;
Dispute involving multi million dollar alleged fraudulent transfer by judgment debtor to debtor’s attorney.
Distressed Asset Transactions:
Dispute involving dispute between purchaser of distressed asset and former owner who had avoided foreclosure through the asset sale but subsequently claimed fraud;
Dispute involving multiple lawsuits concerning a residential foreclosure sale, a subsequent claim of irregularities in the sale, a judgment declaring the trustee sale void and subsequent judgment vacating the former judgment.
Dispute alleging legal malpractice where firm fails to prevent foreclosure.
Dispute between lender and borrower regarding attempted foreclosure where borrower challenges mortgage pooling assignment.
Computer Technology:
Disputes between small business and computer company regarding development of defective software, ill functioning web site, and excessive IT costs.
Dispute between joint venturers involving ownership of a website and its content.
Dispute involving theft of web site technology involving code for banner and carousel.
Dispute involving theft of trade secrets involving travel photos.
General Business:
Class action asserting defendant failed to follow gift card law in refusing to cash out card with value under $10.
Dispute between self-insured plan and plan administrator, regarding failure to timely submit claims resulting in denial by stop loss insurer.
Class action case against a restaurant chain for failing to cash out gift cards where the amount is under $10.
Dispute between Sears and Focus Media concerning advertising advancements and cross claim for unfair competition;
Dispute between wholesaler and overseas clothing manufacturer relative to contract specifications and defective goods;
Dispute between parties to consignment agreement re liability for fire damage to goods;
Dispute between homeowner and film producer for damage to home during filming;
Dispute involving construction defect in installation of security and audio visual systems;
Dispute breach of contract dispute between producer and writer/director regarding the financing of a film;
Dispute between Producers and Executive Producers regarding unpaid compensation and film credits.
Partnership Dissolutions:
Various disputes including real estate partnerships, law partnerships, accounting practices, dental practice, various medical practices, and online marketing partnership, including claims of waste and self-dealing with causes of action for dissolution, accounting and partition.
Dispute between restaurant owner and restauranteur involving allegations of fraud, negligence and self-dealing respecting the development of two restaurants.
Trade Secrets:
Various disputes involving trade secrets, violation of non-compete clauses and unfair business practices, relative to businesses such as talent agencies, investment banking, advertising, maintenance services, wholesale food distributors, insurance, fencing, aerospace, fashion, healthcare and satellite towers.
Dispute following buyout of ad agency by former partner involving issues of ownership of case studies, creative assets and trademarks.
Real Estate Development and Land Use:
Litigation arising from a sophisticated transaction involving option sale of high-rise apartment building with multiple layers of financing, equity funding and redevelopment permits;
Dispute between shopping center developers and lessee regarding limitations on “buildable” land;
Dispute between developer and prospective tenant involving construction delays, issues of force majeur, delays in City building approvals and lease repudiation;
Purchase of commercial building related to dispute over misrepresentations of square footage and tenant leases;
Dispute between land owner and architect alleging professional negligence resulted in excessive delays and loss of development permits creating financial distress and jeopardizing owner’s ability to maintain financing;
Litigation between developer and City over delays in soliciting information and producing Environmental Impact Report;
Dispute between developer’s heirs and hard money lenders involving allegations of usurious rates and undisclosed financing terms in defense of lender’s attempts to foreclose;
Dispute between investment partners and developer regarding the delayed development of apartment units (delays in permitting and construction financing) rendering the project a financial loss.
Dispute and suit for partition among multiple parties who jointly owned interests in numerous commercial buildings and large parking lot comprising a “village” area of LA suburb.
Dispute between developer and seller involving a failed escrow and allegations of non-disclosure regarding contamination.
Commercial Leasing:
Dispute involving interpretation of landlord’s agreement to install signage;
Dispute involving lease repudiation triggered by nature and character of adjoining tenants;
Dispute involving tenant’s continuing right to possession of premises and ability to operate business during new building owner’s renovation;
Dispute involving exclusivity clause in commercial lease for a grocery store in a large shopping center.
Dispute involving construction of fair market value relating to option to purchase by tenant grocer and landlord where grocer constructed new building.
Disputes involving calculation of CAM charges.
Dispute between tenant operating nightclub and landlord, where tenant installed encroaching outdoor patio and common area lighting negatively impacted nightclub.
Dispute between large commercial tenant and landlord involving timing of CPI escalator provision.
Numerous title disputes involving clouds on title resulting from fraudsters obtaining loans secured by property of innocent property owners.
Residential landlord/tenant
Various disputes regarding mold, lead and insect infestations.
Bedbug claims.
High end residential tenants bringing claims regarding plumbing problems, security gates, locks, electrical and HVAC.
Home Owners Associations
Numerous HOA actions, including disputes arising from rights to roof, property water damage from defective decks and windows, personal injury from mold, suits for ineffective or delayed handing of earthquake repair, dispute over dogs, disputes over parking;
Defamation action by HOA against unit owner related to alleged defamatory statements published on website.
Served as election Inspector to oversee HOA elections.
Distressed Asset Transactions
Dispute involving purchaser of distressed asset and former owner who had avoided foreclosure through the asset sale but subsequently claimed fraud;
Dispute involving multiple lawsuits concerning a residential foreclosure sale, a subsequent claim of irregularities in the sale, a judgment declaring the trustee sale void and subsequent judgment vacating the former judgment.
Trespass, Nuisance, Views and Easements
Trespass cases involving tree trimming and encroaching structures;
Numerous nuisance actions, including for example, neighbor disputes, tavern noise, tree damage, flooding, drainage, soil erosion, construction noise and debris, and damage to lateral support;
Numerous view and easement disputes, including multi party easement dispute re access to satellite towers on mountain top in Malibu, sewer easements, access easements, and various encroachment disputes.
Business/Real Estate
Representative Cases
Judge of the Los Angeles Superior Court (Ret.)
Hon. Patricia L. Collins