Calif. App. Court Enforces Co-Tenancy Provision; Holds Liquidated Damages Limitations Do Not Apply Without a Contractual Breach
Calif. App. Courts Disagree Whether Liquidated Damages Limitations Apply Without a Breach of Contract
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A Business And Real Estate Litigation Firm Serving California
Patrick R. Tira
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Practice Areas:
- Business and Real Property Disputes
- Business Counseling
- Consumer Finance Litigation
- Trusts and Estates Litigation
- Litigation & Appeals
Biography
Patrick Tira is a highly skilled attorney with a demonstrated history of resolving business and real property disputes. He also has extensive experience in creditor/debtor's rights, trade secret protection, shareholder disputes, and real estate finance.
Over the past ten years, Mr. Tira gained extensive experience first at a boutique law firm located in La Jolla, California and later as a partner with a national law firm largely based in Chicago, Illinois.
Mr. Tira is experienced in all stages of litigation, including motion practice, depositions and other discovery, negotiation, mediation, arbitration, trial, and appeal. Mr. Tira has recovered millions for his clients in judgments and arbitration awards, in addition to resolving most disputes with demurrers and motions to dismiss.
In addition to his success in the courtroom, Mr. Tira takes pride in assisting businesses and individuals to quickly resolve disputes and avoid litigation through effective sales contracts, purchase agreements, non-disclosure agreements, software license and development agreements, powers of attorney, shareholder agreements, promissory notes and security agreements, easement agreements, and employment contracts.
Mr. Tira is admitted to practice law in California, United States Court of Appeals for the Ninth Circuit, and in the United States District Courts for the Southern, Central, Eastern, and Northern Districts of California.
Education
- University of San Diego School of Law, San Diego, California
- J.D. - 2007
- University of San Diego
- B.A., Political Science
- Honors: summa cum laude
- Honors: B.B.A., Real Estate Emphasis
- Honors: The Phi Beta Kappa Society
Bar Admissions
- California
- U.S. Ninth Circuit Court of Appeals
- U.S. District Court Southern District of California
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Northern District of California
Professional Associations
- Irish American Bar Association of San Diego, Board of Directors
- La Jolla Bar Association
- The Federalist Society
- Association Of Business Trial Lawyers
Honors
- SuperLawyers - 2022
- SuperLawyers - Rising Stars - 2022
rohan.m@thomsonreuters.com
9th Cir. Holds Only Defendants May Remove an Action to Federal Court; Unnamed Real Party in Interest Cannot Remove Action; Splits With 2nd Cir.
The U.S. Court of Appeals for the Ninth Circuit recently held that the federal removal statute authorizes only a “defendant or the defendants” to remove an action to federal court. The Ninth Circuit reversed a District Court’s order denying a borrower’s motion to remand, after an unnamed Trustee removed the action to federal court on behalf of a defendant Trust. In so ruling, the Ninth Circuit held that because an unnamed party removed the case, the District Court should have remanded it instead of retaining jurisdiction.
Estate’s Personal Rep Can Sue Individually for Elder Abuse Where Rep is Also Beneficiary of Estate
The California Court of Appeal, Fourth District, recently held that an elder, who is both beneficiary and personal representative of a probate estate, has standing to bring a claim of financial elder abuse in her individual capacity based on allegations that her son...
California Invasion of Privacy Act Prohibits Recording Cellphone Communications Without Consent
The California Supreme Court recently held that Section 637.2 of the California Invasion of Privacy Act, Pen. Code, § 630, et seq. (“CIPA”) prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless...
Calif. App. Court: Holder Rule Limits Attorney’s Fees to Amount Paid; Preempts Civil Code § 1459.5
The California Court of Appeal, First District, recently affirmed a trial court’s denial of a request for attorneys’ fees, after a consumer prevailed under the Consumers Legal Remedies Act against an assignee of his consumer credit contract. The Court of Appeal...
Calif. App. Court Holds Arbitrator Cannot Determine Whether to Compel Nonsignatory to Arbitrate
The California Court of Appeal, Second District, recently reversed a trial court’s confirmation of an arbitration award against a nonsignatory to an arbitration agreement where the arbitrator found the nonsignatory was the alter ego of a signatory. The Court of Appeal...
Calif. App. Court Applies Delaware Law to Debt Collector’s Common Counts, Holds Claim Time-Barred
The California Court of Appeal, First District, recently affirmed a trial court’s order granting summary judgment against a debt collector for violating the FDCPA and the RFDPCA. In so ruling, the Court of Appeal applied a credit card agreement’s Delaware...
Calif. App. Court Holds Only Eavesdroppers Violate the California Invasion of Privacy Act, § 632.7
The California Court of Appeal, Fourth District, recently affirmed a trial court’s judgment against a class action plaintiff who alleged that a lender violated Penal Code § 632.7 of the California Invasion of Privacy Act, by recording him without prior notice. The...