Jeffrey Pearlman

Jeffrey Pearlman is of counsel to Conkle, Kremer & Engel.  Jeffrey advises and litigates disputes for lenders, borrowers, real estate developers, homeowners, construction companies, contractors, subcontractors, material suppliers, design professionals, sureties and other companies. He has represented clients in hundreds of real estate matters and construction project claims.  Jeffrey’s general commercial litigation and business practice covers the full spectrum of trial and arbitration proceedings, from claim initiation and discovery to  resolution and appeals.  His representative matters have included issues involving secured lending, contract disputes, business torts, fraud, partnership and business entity issues, and real estate matters.

Jeffrey Pearlman practices in all state and federal courts in California and is experienced in proceedings before the American Arbitration Association, Judicial Arbitration and Mediation Services (JAMS), ADR Services, Inc., the California Office of Administrative Hearings (OAH), and similar dispute resolution forums.  He is also skilled in obtaining provisional remedies such as prejudgment attachments or the appointment of receivers as well as enforcing and collecting judgments.

Experience

Representative Engagements

• Represented renewable energy contractor seeking recovery for unpaid construction contract balance against a European development consortium.  Filed case asserting causes of action for breach of contract and foreclosure of mechanic’s lien.  After debtors filed Bankruptcy, tried and won claims in Bankruptcy court that resulted in a multimillion dollar settlement prior to appeal.
• Represented a highway contractor in a California Office of Administrative Hearings arbitration against the California Department of Transportation seeking recovery for extra costs for changes arising out of the misleading plans and specifications. Obtained and collected a favorable award on the majority of the claims.
• Defended a private elementary school against claims by a general contractor for extra costs arising out of construction of a new school building. Arbitrated the case before the American Arbitration Association.  Proved defective and incomplete work by the contractor and obtained an award in favor of school including attorneys’ fees.
• Represented general contractor seeking substitution of a subcontractor on a Los Angeles Unified School District project. Succeeded in obtaining the right to substitute over the objections of the subcontractor.
• Defended a general contractor against claims by a subcontractor arising out of construction of a building at a community college. Filed a cross-action against the community college district that resulted in recovery of damages sought and settlement of all claims.
• Drafted contracts, leases and other agreements for an outdoor sign and advertising media company. Also helped collect earned rents and royalties.
• Represented private lending group against the borrower and the guarantor of the loan. Filed an action for damages and appointment of a receiver for borrower’s business.  Obtained appointment of a receiver resulting in payment of the loan balance.
• Represented a real estate developer seeking to extinguish a recorded utility easement. Tried the case and entered judgment extinguishing the easement and quieting title to the effected property thereby allowing more residential units to be constructed on the property.
• Represented the owner/landlord of large industrial manufacturing building against a defaulting tenant and manufacturer under a Standard Industrial/Commercial Single -Tenant Lease. Obtained writs of attachment in favor of the owner/landlord resulting in a stipulation for entry of judgment and payment of the debt over time.
• Took over enforcement of a large judgment on behalf of a private lending group. Used various enforcement techniques including recording the judgment against debtors’ real properties, examinations of and interrogatories to the judgment debtors and obtaining charging orders against various limited liability company membership interests of the judgment debtors resulting in full recovery on the judgment.
• Filed an action on behalf of Bel Air homeowners. Entered judgment against the contractor and its principals and tried causes of action for fraud and entered a non-dischargeable judgment against the project’s de facto designer.
• Filed an action for a lender and investor in an entertainment company. Litigated the case and entered judgment for the amount due resulting in payment in full.
• Filed several actions for collection of commissions earned by a California independent wholesale sales representative. Successfully collected the amounts due.
• Represented a money factor/lender to a fire sprinkler subcontractor that defaulted on numerous ongoing construction projects. Worked through claims and counter-claims resulting in a substantial net recovery by the money factor/lender on its assignment of the proceeds of the projects.
• Pursued action for breach of written personal guaranty agreements against the personal guarantor of a commercial loan. Obtained two writs of attachment totaling $4.7 Million against the guarantor.

Publications

• “Recent Case Law Softens Award of Prompt Payment Penalties,” Associated General Contractors of California, Legal Briefs (September, 2009)
• “Attorneys’ Fees – Your Contract Provides For Them But Will The Court Really Award Them To You If You Win Your Case?,” Associated General Contractors of California, Legal Briefs (April, 2006)
• “Contractor License Statements on California Public Contract Bids,” Construction Counsel (June, 1990)

Presentations

• Foreclosure of Mechanic’s Lien Through Sheriff’s Sale – Associated General Contractors of California Legal Advisory Committee (2003)
• Recovery of Attorneys’ Fee Awards – Associated General Contractors of California Legal Advisory Committee (2006)

Published Decisions

• Mayer v. C.W. Driver (2002) 98 Cal.App.4th 48  (defeating claims by a partnership against the general contractor for a large housing project)

Education

• The George Washington University Law School, National Law Center, J.D., 1985

• George Washington University, B.A. in Economics, with honors and special distinction, 1982

Professional Associations

• Associated General Contractors of California, Legal Advisory Committee

Admissions

• State Bar of California, 1986
• District of Columbia, 1987 (Inactive)
• All U.S. District Courts in the State of California
• Ninth Circuit Court of Appeals