PRACTICE AREAS

AWARD-WINNING EXPERIENCE

BUSINESS & COMMERCIAL LAW

Eric works with business clients that are involved in disputes and those seeking to avoid disputes. He advises on the merits of pursuing or defending against these claims in order for his clients to make the best business decision. Eric helps his clients efficiently and effectively navigate these conflicts.
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FORECLOSURE & LENDING

Eric assists clients by reviewing and ensuring that financial agreements and supporting documentation are properly prepared and executed. He represents both borrowers and lenders.
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LITIGATION

Eric is an accomplished litigator and represents clients throughout California. He has experience handling matters through all stages of litigation, including trial and judgment collection. The majority of his cases have been venued in the greater Bay Area and Northern California.
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REAL ESTATE LAW

Eric’s real estate practice is diverse. He lends his insight and knowledge to clients dealing with a wide variety of real estate concerns. He provides his assistance for both residential and commercial properties.
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BUSINESS & COMMERCIAL LAW

Even the most well-planned businesses will encounter the occasional dispute, which can expose them to the financial and legal risks of litigation.  Eric is skilled at and well-versed in all methods of resolving these disputes, whether that is through alternative dispute resolution (such as mediation) or through the execution of a strong litigation strategy for trial or binding arbitration.

Eric is committed to protecting and advancing his clients’ (both large and small) interests.  He works closely with his clients to keep them fully advised of their litigation options, including potentially advantageous settlement opportunities.  Eric assists his clients in understanding these options and making subsequent decisions that make the most business sense.

Eric represents clients in cases involving:

  • Breach of contract claims
  • Business torts, such as fraud or material nondisclosure
  • Partnership disputes, corporate governance and management issues
  • Commercial disputes, including debtor-creditor problems and bankruptcy litigation
  • Breach of fiduciary duty claims
  • Employment litigation
  • Trade libel and defamation
  • Unfair competition litigation

Eric appears frequently in the state and federal courts of California.

None of the above statements should be viewed or construed as a guarantee of success.  Each matter is unique and can have a wide variety of results given the factual circumstances, applicable legal authority, and various other factors.  The facts and circumstances of your case may differ from the scenarios above.  Past results do not guarantee future outcomes.

FORECLOSURE & LENDING

Eric assists clients by reviewing and ensuring that financial agreements and supporting documentation are properly prepared and executed.  Eric has represented large financial institutions, private lenders, mortgage brokers, corporate borrowers, and individual borrowers.  Eric has experience in secured real property transactions as well as loans utilizing other forms of security.  Eric advises on creditor’s rights and both judicial and non-judicial foreclosure situations.

None of the above statements should be viewed or construed as a guarantee of success.  Each matter is unique and can have a wide variety of results given the factual circumstances, applicable legal authority, and various other factors.  The facts and circumstances of your case may differ from the scenarios above.  Past results do not guarantee future outcomes.

LITIGATION

Eric has achieved victories for his clients in both trial and arbitration and has litigated disputes throughout California.  Eric represents clients in a variety of matters related to business, real property, and lending.

Eric’s experience is not limited to trial and arbitration. He is accomplished in civil procedure and discovery.  In fact, based on motions filed by Eric, courts have awarded Eric’s clients in excess of $100,000 in attorneys’ fees sanctions.  He has also secured both judgments and favorable settlements for his clients through the filing of dispositive motions.

Lastly, but critical if a judgment is secured, Eric’s clients have received the benefit of his judgment collection efforts.  Eric’s clients have recovered on their judgments through levies on bank accounts and liens placed on the judgment debtor’s real property.  Other judgment collection tools he utilizes include orders of examination and garnishment of wages.

None of the above statements should be viewed or construed as a guarantee of success.  Each matter is unique and can have a wide variety of results given the factual circumstances, applicable legal authority, and various other factors.  The facts and circumstances of your case may differ from the scenarios above.  Past results do not guarantee future outcomes.

REAL ESTATE LAW

Eric has dedicated a significant portion of his practice to real estate litigation.  For well over a decade, Eric has been attending to the needs of his real estate clients throughout California.

For real property purchase and sale disputes, Eric’s clients have included buyers, sellers, listing agents, selling agents, and appraisers.  Eric has been on all sides of these disputes, which provides him with a better insight as to how opposing parties will approach a litigation.  Eric also frequently gives presentations to real estate industry professionals regarding trends and issues he observes in these transactions, including assumption of duties, rescission of contract, “as-is” provisions, construction defects, removal of contingencies, commission (procuring cause) disputes, and good-faith deposits.

For title or property right disagreements, Eric has represented numerous clients.  The clients vary from adjacent property owners asserting easement rights and challenging property line locations to family members disagreeing on whether to sell a jointly-owned property.  Eric is well-versed in the nuances of property rights and utilizes this knowledge to the benefit of his clients.

For commercial lease disputes, Eric represents both landlords and tenants. He advises them on their contractual rights, the impact of their actions, and the ramifications of unlawful detainer actions.  On behalf of his landlord clients, he has skillfully negotiated resolutions allowing for, among other things, a contemplated sale of a property to proceed uninterrupted through the swift removal of a difficult tenant.  On behalf of his tenant clients, he has arranged for lease extensions and minimized the impact of belated rent demands by landlords.

For real estate transactions, Eric’s clients have been assisted in a large variety of areas.  He has drafted and negotiated commercial and residential leases.  He has also helped parties to a residential property purchase by representing either the buyer or the seller in the transaction.  These purchases are often referred to as For Sale By Owner (“FSBO”) transactions.

None of the above statements should be viewed or construed as a guarantee of success.  Each matter is unique and can have a wide variety of results given the factual circumstances, applicable legal authority, and various other factors.  The facts and circumstances of your case may differ from the scenarios above.  Past results do not guarantee future outcomes.

Disclaimer The information in this website should not be construed as legal advice and there is no intent to create an attorney-client relationship. No warranties (express or implied) are given concerning the information presented on this website. Any content excerpted from this website must contain this disclaimer. The information stated in this website is not intended to be a solicitation. Without exception, the Law Office of Eric T. Hartnett is not responsible for any errors or omissions contained within in this website and shall not be responsible for any damages arising from the use of or reliance on any information in this website.

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