CEB Contributor
Randy Sullivan
Partner at Patton Sullivan Brodehl, LLP at Patton Sullivan Brodehl, LLP
Randy Sullivan is a partner at Patton Sullivan & Brodehl LLP in Pleasanton, where he focuses on major real estate and complex business litigation. He is an experienced trial lawyer in complex litigation in both state and federal courts, and litigates on behalf of a wide variety of individual and corporate businesses and real property owners, investors, developers, financial institutions, mortgage brokers, real estate brokers, directors and officers, and technology companies.
Mr. Sullivan received his BA from the University of California, Santa Barbara, and his J.D. from Santa Clara University School of Law.
Achievements & Other Notable Experience • Editor for the California Attorney’s Guide to Damages, Chapter 5, Injury to Property (2011 - Present) • Editor for California Real Estate Brokers: Law and Litigation, Chapter 3, Agency: Broker Fiduciary and Statutory Duties (2023 - Present) • Editor for California Real Estate Brokers: Law and Litigation, Chapter 12, Trial Tactics and Strategies (2023 - Present) • Editor for the Real Property Litigation CEB Guide (2021) • Editor for CEB’s Action Guide, Handling a Real Property Foreclosure (2020 - Present) • Editor for the California Mortgages, Deeds of Trust, and Foreclosure Litigation, Chapter 12 on Lender Liability (2013) • Editor for the California Mortgages, Deeds of Trust, and Foreclosure Litigation, Chapter 13 on Special Issues in Consumer Residential Mortgage Loans (2013 - 2017) • Featured article in the CEB Real Estate Update titled: The 3-Year Aftermath of Black Hills Invs. v. Albertson’s: Recent Developments and Suggestions for Resolving an Asserted Black Hills Defense (May 2010)
CEB Region:
Bay Area Region
CONNECT
Counties Served: Contra Costa
Content by Randy Sullivan
No articles found.
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Strategic Prelitigation or Early in Case Considerations for Light, Air, Views, Open Space Disputes
Real Property, Nuisance & Trespass, Light, Air, Views & Open Space (Rights to)
This Strategy Note discusses prelitigation consideration for disputes involving a right to or claim for a view, light, air, or open space. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Overburden of Easements
Real Property, Easements & Boundaries
This affirmative defense checklist addresses overburden of the easement as a defense against different types of claims for an easement. Counsel should check the appropriate county websites to verify the most recent local rules, standing orders, and other relevant information.
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Standard Language: Pleading Trespass
Real Property, Nuisance & Trespass
This standard clause addresses pleading damages for trespass as a cause of action in a real property dispute. The following standard clause is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense Checklist: Continuous and Uninterrupted Possession
Real Property, Easements & Boundaries, Adverse Possession
This checklist describes the affirmative defense of continuous and uninterrupted possession. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Extinguishment Due to End of Necessity
Real Property, Easements & Boundaries
This checklist describes the affirmative defense of extinguishment due to end of necessity in defending against an easement claim in a real property action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Change of Conditions
Real Property, Easements & Boundaries
This checklist describes the affirmative defense of change of conditions in defending against an easement claim in a real property action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Mere Occupancy Insufficient for Adverse Possession
Real Property, Easements & Boundaries
This checklist addresses the role that occupancy of property plays in a real property action for adverse possession. This section is focused on title and ownership resulting from adverse possession.
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Affirmative Defense Checklist: Payment of Taxes (Adverse Possession)
Real Property, Easements & Boundaries
This checklist addresses the role that occupancy of property plays in a real property action for adverse possession. This section is focused on title and ownership resulting from adverse possession.
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Chart: Causes of Action Available for Non-Boundary Fence Disputes
Real Property, Easements & Boundaries, Nuisance & Trespass, Trees, Fences & Boundary Structures
The following chart identifies causes of action available for non-boundary fence disputes. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Easement Lawfully Obtained
Real Property, Easements & Boundaries
This Checklist should be used to determine the existence of an affirmative defense that a lawful easement was obtained. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Cause of Action Checklist: Abandonment of Easement through Nonuse
Real Property, Easements & Boundaries
This checklist is for cases involving a cause of action for abandonment of easement through nonuse in an easement dispute. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Incompatible Acts by Owner of Easement
Real Property, Easements & Boundaries
This checklist addresses the role that occupancy of property plays in a real property action for adverse possession. This section is focused on title and ownership resulting from adverse possession.
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Affirmative Defense Checklist: Abandonment of Easement
Real Property, Easements & Boundaries
This checklist describes the affirmative defense of abandonment of easement in an easement dispute. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Standard Language: Pleading Negligence in Real Property Cases (Negligent Trespass)
Real Property, Easements & Boundaries, Nuisance & Trespass
This set of standard clauses is meant for use and adaption in pleading a cause of action for negligence, which may be alleged as the basis for a cause of action for negligent trespass. It is intended for insertion into the body of a larger complaint.
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Standard Language: Pleading Nuisance
Real Property, Easements & Boundaries
This standard language is intended for adaptation and use in pleading a cause of action for nuisance in a real property dispute. The sections comprise the majority of a complaint for nuisance; and any section may be inserted into the body of a larger complaint.
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Common Affirmative Defenses to Allegations of Light, Noise, and Odor Issues
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
The following chart identifies common affirmative defenses for noise, odor, and light issues. Carefully research and adapt the following material to the facts and circumstances of your case or matter and verify the currency of the legal authorities.
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Affirmative Defense Checklist: Recorded Notice of Consent to Use Land (Civ. Code, § 813) in Neighbor Dispute Actions
Real Property, Easements & Boundaries, Nuisance & Trespass
This checklist describes the affirmative defense of recorded notice of consent to use land (Civ. Code, § 813) in a neighbor dispute action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Common Affirmative Defenses to Allegations of Air, Light, Views, and Open Space Issues
Real Property, Nuisance & Trespass, Light, Air, Views & Open Space (Rights to)
The following chart identifies common affirmative defenses for light, air, views, and open space issues. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Affirmative Defense Checklist: Permission to Pass (Civ. Code, § 1008) in Neighbor Dispute Actions
Real Property, Easements & Boundaries, Nuisance & Trespass
This checklist describes the affirmative defense of permission to pass by way of annually posting notice of consent or signage (Civ. Code, § 1008) in a neighbor dispute action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Chart: Causes of Action Available for Vacancy, Dangerous Conditions, and Blight
Real Property, Nuisance & Trespass, Vacancy, Dangerous Conditions, Criminal Activities & Blight
The following chart identifies causes of action available for vacancy, dangerous conditions, and blight in a real property action. Counsel should check the appropriate county, state, or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Easement Settlement Agreement
Real Property, Easements & Boundaries
This sample agreement is for settling an easement dispute. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of the instant case or matter.
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Affirmative Defense Checklist: Adverse Possessor's Use Is Not Exclusive
Real Property, Easements & Boundaries, Adverse Possession
This checklist describes the affirmative defense that the encroacher or alleged adverse possessor’s use is not exclusive in a real property action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Sample Complaint for Ejectment, Declaratory Relief, Quiet Title, and Damages
Real Property, Nuisance & Trespass, Title & Title Insurance , Quiet Title
This complaint is for ejectment, declaratory relief, quiet title, and damages in a real property action. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of the instant case or matter.
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Affirmative Defense Checklist: Claim of Right (Adverse Possession Actions)
Real Property, Easements & Boundaries, Adverse Possession
This checklist describes the affirmative defense that the encroacher or alleged adverse possessor’s use was not hostile and under claim of right in a real property action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Tolling Agreement for Nuisance (Noise, Odor, Light Dispute)
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
This tolling agreement tolls the statute of limitations for a nuisance action involving noise, odor, or light. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of the instant case or matter.
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Affirmative Defense Checklist: Color of Title (Adverse Possession Actions)
Real Property, Easements & Boundaries, Adverse Possession
This checklist describes the affirmative defense that the encroacher or alleged adverse possessor’s use was not under color of title in a real property action. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Chart: Causes of Action Available for Noise, Odor, and Light Issues
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
This Chart identifies causes of action available to a plaintiff for light, air, views, and open space disputes with a neighbor or local government. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Prelitigation Demand for Abatement of Nuisance (Noise, Odor, Light Disputes)
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
This Demand Letter seeks prelitigation abatement of a nuisance. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Sample Verified Cross-Complaint to Quiet Title to Parking Easement on Real Property; For Enforcement of Easement Pursuant to Civil Code Section 809; To Enjoin Private Nuisance; For Declaratory Relief
Real Property, Easements & Boundaries, Nuisance & Trespass
This sample verified cross-complaint seeks to quiet title to a parking easement on real property, enforcement of an easement pursuant to Civil Code section 809, to enjoin a private nuisance, and for declaratory relief. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Verified Cross-Complaint for Declaratory Relief and Decree of Equitable Easement
Real Property, Easements & Boundaries, Boundary Easements
This is a sample pleading containing quiet title claims (to parking easement on real property; for enforcement of easement pursuant to Civil Code section 809; to enjoin private nuisance; and for declaratory relief). It is in the format of a verified cross-complaint.
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Complaint for Damages and Injunction for Nuisance, Infliction of Emotional Distress, and Trespass
Real Property, Easements & Boundaries, Nuisance & Trespass
This Complaint for Damages and Injunction for Nuisance, Infliction of Emotional Distress, or Trespass is filed by the Plaintiff in a real property action. Other documents to include would be supporting evidence and exhibits as needed.
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Formal Public Records Request Letter for Real Property Information
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
This Formal Public Records Request Letter is sent to a public agency in the event the agency fails to provide its records and may be filed by either party in a case. This standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case or matter.
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Affirmative Defense Checklist: Extinguishment By Prescription Or Adverse Possession
Real Property, Easements & Boundaries, Adverse Possession
This checklist describes the affirmative defense that the alleged easement was extinguished by prescription or adverse possession in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Chart: Causes of Action Available for Light, Air, Views, and Open Space Disputes
Real Property, Nuisance & Trespass, Noise, Odor & Light (Unwanted)
The following chart identifies causes of action available to a plaintiff for light, air, views, and open space disputes with a neighbor or local government. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information.
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Considerations for Prelitigation or Early-in-Case Noise, Odor, and Light Disputes
Real Property, Easements & Boundaries, Nuisance & Trespass
This Strategy Note addresses key factors to consider in noise, odor, and light disputes in the prelitigation through early-litigation phases, including potential mediation. Counsel should check the appropriate county or federal websites to verify the most recent local rules, standing orders, and other relevant information including but not limited to local zoning and land use ordinances and permits associated with the property.
No programs found.
California Attorney's Guide to Damages
Litigation Practice & Procedure
- 5 Injury to Property - Updated Author
California Real Estate Brokers: Law and Litigation
Real Property
- 3 Agency: Broker Fiduciary and Statutory Duties - Updated Author
- 12 Trial Tactics and Strategies - Updated Author
